General Terms and Conditions (GTC)

§ 1 Scope, provider

1.1. These GTC apply to all contracts for the arrangement or provision of breakdown, towing, recovery, tyre and repair services via the website lkw-abschleppdienst-gelsenkirchen.de and the associated app.

1.2. The provider and operator is GEARS Digital UG (haftungsbeschränkt) within the network TruckNetz.DE (the "Platform"). Customers are entrepreneurs and consumers; mandatory consumer rights remain unaffected.

§ 2 Our role / your contractual partner

2.1. The Platform generally does not provide the said services with its own operational vehicles or its own operational personnel, but through a network of legally independent partner firms ("Service Partners").

2.2. The order confirmation expressly states in which model the Platform acts:

a) Own performance: The Platform is itself the customer's contractual partner and has the confirmed service carried out by a Service Partner it commissions. It may use Service Partners as vicarious agents or subcontractors.

b) Brokerage: The Platform merely arranges a contract between the customer and a named Service Partner. In this case the service contract is concluded directly between customer and Service Partner; the provider is not a party to that contract.

2.3. In the absence of an express statement, own performance (letter a) applies in case of doubt.

§ 3 Offer and conclusion of contract

3.1. The customer describes the need; the Platform submits an offer with a total price and the applicable model under § 2.

3.2. The contract is concluded when the customer confirms the offer in text form (app, e-mail or messenger) and the Platform confirms receipt. For consumers, the paid order is placed via a clearly labelled button.

3.3. Upon notification of the estimated time of arrival (ETA) and release by the customer, the order is deemed bindingly placed. Arrival times are non-binding estimates.

§ 4 Prices

4.1. Before conclusion of the contract the customer receives a fixed total price for the confirmed scope of services; it includes the services and customary incidental costs stated in the order confirmation.

4.2. Additional services not foreseeable at the time of ordering are charged only after prior agreement. All prices are exclusive of the applicable statutory VAT.

§ 5 Payment

5.1. In the own-performance model, the total amount shown in the order confirmation is generally payable in full in advance to the Platform before dispatch or release of the Service Partner (advance payment). In the brokerage model, billing is generally carried out directly by the performing third-party company.

5.2. Accepted payment methods include, in particular, bank transfer, credit card and procedures provided via licensed payment service providers (e.g. Stripe, PayPal). Billing in euro.

§ 6 Customer's cooperation

The customer provides accurate details of location, vehicle, type of damage and particularities (e.g. load, dangerous goods) and ensures reasonable accessibility of the site of operation.

§ 7 Liability

7.1. The Platform is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the Product Liability Act, and for fraudulent concealment of a defect.

7.2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded to the extent legally permissible.

7.3. In the brokerage model (§ 2 b), the Platform is not liable for the professional execution of the independent service of the Service Partner, but only for proper brokerage; complaints regarding technical execution must be addressed to the performing third-party company.

§ 8 Cancellation

If the customer cancels after notification of the ETA, a cancellation fee of 50 % of the order value, but at least the travel costs incurred (wasted journey), may be charged; in the brokerage model this is invoiced on behalf of the Service Partner. The customer remains free to prove that the damage was lower.

§ 9 Right of withdrawal/cancellation (consumers)

9.1. For distance contracts, consumers have a 14-day right of withdrawal/cancellation from the conclusion of the contract (separate instructions).

9.2. In the case of emergency or immediate services whose performance begins without delay at the customer's express request, the right may be excluded pursuant to §§ 312g, 356 Abs. 4 BGB or may expire upon complete performance; the customer is expressly informed of this before ordering.

§ 10 Data protection

Information on the processing of personal data can be found in our privacy policy. Where personal data is processed on behalf in relation to Service Partners, a data processing agreement (Art. 28 GDPR) applies additionally.

§ 11 Final provisions

11.1. The law of the Federal Republic of Germany applies, excluding the UN-Kaufrecht. For consumers whose habitual residence is in another state, the mandatory consumer protection provisions of their state of residence remain unaffected.

11.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered seat of the provider. For consumers, the statutory places of jurisdiction apply.

11.3. Amendments must be made in text form. 11.4. The invalidity of individual provisions does not affect the validity of the remaining GTC (severability clause).