General Terms and Conditions
| General Terms and Conditions with information for customers 1. Scope of application 2. Conclusion of contract 3. Right of revocation 4. Prices and terms of payment 5. Terms of delivery and dispatch 6. Retention of title 7. Liability for defects 8. Release from liability in case of violation of third party rights 9. Applicable law 10. Place of jurisdiction 11. Information on online settlement of disputes 1. Scope of application 1.1. These Terms and Conditions of "Risse Motorsport GmbH" (subsequently called „seller“) are valid for all contracts that a consumer or entrepreneur (subsequently called „customer“) concludes with the seller concerning the goods that he listed in the online shop. We contradict any terms set by the customer unless an agreement has been made. 1.2. As defined by these Terms and Conditions, a consumer is any natural person that concludes a legal transaction for purposes that can neither be predominantly attributed to his/her commercial nor his/her self-imployed professional activity. 1.3. As defined by these Terms and Conditions, an entrepreneur is a natural or legal person or a business partnership vested with legal capacity that acts in the course of its commercial or self-employed professional activity when a legal transaction is concluded. 2. Conclusion of contract 2.1. The products displayed in the online shop of the seller are non-binding offers; by ordering them the customer submits a binding offer. 2.2. The customer can submit his offer through the online order form integrated into the online shop of the seller. Having put the chosen goods into the virtual shopping basket and having got through the electronical order process, the customer submits a legally binding offer of contract concerning the goods in the shopping basket by clicking the button that finishes the order process. Moreover, the customer can submit the offer also by phone, fax, e-mail or mail. 2.3. The seller can accept the offer of the customer within five days - by sending the customer a confirmation of order in written or text form (fax or e-mail), whereby the receipt of the confirmation of order by the customer is relevant, or - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is relevant, or - by requesting the customer to pay after having received his order. If several of the above named alternatives apply, the contract is concluded as soon as one of these alternatives comes into effect. The period for the acceptance of the offer begins on the day the offer is dispatched by the customer and closes at the end of the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the above named period this is to be regarded as refusal of the offer; thus the customer is no longer bound to his declaration of intent. 2.4. When an offer is submitted through the online order form of the seller the wording of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after having dispatched the order, in combination with the present Terms and Conditions. Additionally the wording of the contract is filed on the internet site of the seller and can be downloaded for free by the customer through a password protected customer account stating the corresponding login data, provided that the customer opened a customer account in the online shop of the seller before dispatching his order. 2.5. Before submitting a binding order through the online order form of the seller the customer can correct potential entry errors by reading attentively the information shown on the display. An effective technical instrument for a better detection of entry errors can be the magnification function of the browser which enlarges what is shown on the display. The customer can correct his entries with the usual keyboard and mouse functions at any time before his submitting a binding order. Moreover, before a binding order is issued all entries are shown again in a confirmation window and can be corrected there with the usual keyboard and mouse functions. 2.6. For the conclusion of a contract only the German language is allowed. 2.7. Order processing and contacts between seller and customer are usually carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address he indicated for order processing is correct so that he can receive e-mails from the seller. Especially when the customer uses spam filters he has to ensure that all e-mails sent by the seller or a third person authorised by the seller with order processing can be delivered. 3. Right of revocation 3.1. All consumers basically are entitled to revoke a contract. 3.2. More information on the right of revocation are shown in the instructions for revocation of the seller. 4. Prices and terms of payment 4.1. If the product description of the seller does not show otherwise, the stated prices are total prices that include the legal value-added tax. Where applicable, delivery and shipping costs are stated separately in the respective product description. 4.2. For sales to countries outside the European Union further costs may incur for which the seller is not responsible and which have to be borne by the customer. Among these costs may be for example transaction costs of commercial banks (e.g. transfer and exchange rate charges) or import duties resp. taxes (e.g. customs duties). Costs for money transfers can also incur when the delivery does not take place outside the European Union but the customer effects payment from a country outside the European Union. 4.3. The customer has several payment options that are named in the online shop of the seller. 4.4. If prepayment by bank transfer is agreed the payment has to be effected immediately after conclusion of the contract, provided that the contractual partners have not agreed otherwise. 4.5. If „PayPal“ is chosen as payment method the payment transaction is carried out by the payments provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This implies amongst others that the customer opens a PayPal account resp. that he already has such an account. 5. Terms of delivery and dispatch 5.1. The delivery of goods usually takes place by dispatch to the delivery address named by the customer. For the handling of the transaction the delivery address shown to the seller during the purchase process is relevant. Deviant from this, when the customer choses PayPal as payment method, the delivery address deposited by him at PayPal at the time when he effected the PayPal payment is relevant. 5.2. If a transport company returns the dispatched goods to the seller because it could not be delivered to the customer, the customer has to bear the costs for the unsuccessful transport. This does not apply when he is not responsible for the circumstances that led to the impossibility of delivery or when he was temporarily prevented from accepting the offered performance, unless the seller had announced the performance some reasonable time before. Moreover, the customer does not have to pay the shipment cost when he makes effective use of his right of revocation. The reshipment costs have to be paid by the person stipulated in the revocation instructions of the seller. 5.3. When the customer has chosen self-collection the seller firstly informs him by e-mail that the ordered goods are ready for collection. Having received this e-mail the customer can collect the goods at the seller’s place of business upon agreement. In this case no shipping costs are charged. 6. Retention of title If the seller provides any goods or services in advance, he retains the title of the delivered goods until the entire purchase price has been paid. 7. Liability for defects 7.1. If the sales item is defective the regulations concerning the legal liability for defects come into effect. - When used goods are involved these regulations are restricted: Warranty claims are impossible when the defect is detected more than one year after the delivery of the goods. Defects that are detected within one year after the delivery of the goods can be claimed within the statute of limitation. However, the reduction of the liability period does not apply - for objects that have been used in accordance with their normal application in buildings and have caused their defectiveness, - for the right to damage and expenditure claims of customers, and - in the case that the seller has fraudulently concealed the defect. 7.2. The customer is requested to claim delivered goods with obvious transport damages with the deliverer and to inform the seller thereof. If the customer does not comply with this, his legal or contractual right to complaint is still in effect. 8. Release from liability in case of violation of third party rights If the seller owes the customer according to the terms of the contract not only the delivery of the goods but also the manufacture of the goods according to determined specifications of the customer, the latter has to ensure that the contents delivered to the seller for the purpose of manufacturing do not violate third party rights (e.g. copyrights or trademark rights). The customer releases the seller from claims of third parties that these may present to him in connection with a violation of their rights through the use of the customer’s contents by the seller, as provided in the contract. The customer also bears all reasonable costs as required by law for the necessary legal defense including all court and lawyer fees. This does not apply when the customer is not to be blamed for the violation of rights. In the case of claims by third parties the customer has to provide the seller promptly and truthfully with all information that is necessary for the examination of the claims and for the defense. 9. Applicable law 9.1 For any legal relations between the parties involved the law of the Federal Republic of Germany applies, excluding all laws that relate to the international purchase of movable goods. For consumers this legal provision does not apply if the state where the consumer has its main residence withdraws its protection because of binding national legal provisions. 10. Place of jurisdiction If the customer acts as a merchant, a corporate body or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes resulting from this contract is the business location of the seller. If the customer is based outside of the territory of the Federal Republic of Germany the business location of the seller is the sole place of jurisdiction for all disputes resulting from this contract, provided that the contract or claims resulting from it can be attributed to the professional or commercial activity of the customer. However, the seller is in any of the above-mentioned cases entitled to appeal to the court at the customer’s place of residence. 11. Information on online settlement of disputes The EU Commision provides in the internet a platform for the online settlement of disputes under the following link: https://ec.europa.eu/odr This platform serves as a contact point for the extrajudicial settlement of disputes resulting from online purchase or service contracts that involve consumers. We are neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board. |