Racespare.com - General terms and conditions
(1) the following sale conditions are applicable to all between the salesperson and the buyer completed contracts over the delivery from merchandise. They are applicable also to all future business relationships even if they are not arranged once again expressly. Deviant conditions of the buyer, that the salesperson doesn't acknowledge expressly, are not binding for the salesperson even if he doesn't disagree expressly with them.
§2 ranges and contract end
(1) the offers of the salesperson are subject to change and not binding. The representation of the assortment on-line and off-line therefore doesn't represent any legally binding offer but only a not binding on-line offer and off-line offer. The buyer orders the merchandise / services wished by him. The contract comes about if the salesperson and the third supplier accept this offer. The assumption takes place under the reservation, the availability of the ordered merchandise and services. The explanation of the assumption towards the buyer is not necessary, the buyer gives up this i.S.v. § 151 S. 1 Civil Code
(2) technical as well as price alterations keeps expressly for itself the salesperson before. The buyer confirms the sale conditions with order. With informal orders, the sale conditions are acknowledged by the buyer.
(1) the arranged delivery period exceeds the time period of four months from close of escrow or delays the delivery for itself from close of escrow from reasons, that the buyer alone has to represent or fells them alone into his risk area, over four months the salesperson is justifiable, that to calculate valid price on the day of the delivery. If the price increase amounts to more than 5 percent of the on reverse numbered purchase price, the buyer is justifiable to resign from the contract. This resignation right is discontinued if the buyer doesn't practice it within a period of two weeks, beginning with the date of the communication of the new price.
(2) all published consumer prices (Euro) contain the in each case valid value added tax and are subject to change. The terms are COD exclusively per payment before, per Paypal, per credit card or in bar.
(3) nothing else was arranged in writing with the buyer that the purchase price is due without departure with entrance of the bill with the buyer by the payment immediately.
(4) the buyer comes in delay also without reminder of the salesperson if he doesn't pay the purchase price within 30 days after maturity and access of the bill or an equivalent payment installation. If the buyer with a payment gets in delay, the salesperson is justifiable, from the relevant time at, to require interests from height of 5 percent from the respective basis interest rate of the European central bank. The proof of a higher damage through the salesperson is left for reservations.
(5) only the buyer is entitled to count on, even if complaints or counterclaims are put forward, if determined the counterclaims final, by the salesperson was acknowledged or indisputable is. To the exercise of a lien, the buyer is only authorized if his/its counterclaim is based on the same purchase contract.
§4 delivery and accomplishment tenses
(1) delivery dates or periods, that were not arranged expressly as binding, are exclusively not binding statements.
(2) if the salesperson cannot keep an expressly arranged period culpable or gets for other reasons in delay, the buyer has to grant to him/it an appropriate extension incipient with the salesperson or in the case of the calendar-wise certain period from the day of the entrance of the written one(s) in delay. After unfruitful course of this extension, the buyer is justifiable to resign from the contract.
(3) the salesperson is liable after the legal regulations subject to the following restrictions if the contract is a fixed business or the buyer in consequence the from the salesperson to representing delivery delay justifiable, to refer to the discontinuance of his/its interest in the contract fulfillment, is.
(4) the salesperson is the buyer liable for delivery delay after the legal regulations if the delivery delay is based on one of the salesperson to representing willful or roughly negligent compulsory injury. A fault of his representatives or fulfillment assistants is the salesperson to be added to. Don't be based on one of the salesperson to representing willful or roughly negligent contract injury the delivery delay, the liability of the salesperson is to the previously-sight-pure, characteristically entering damage limited.
(5) that of the salesperson is based on the culpable injury of an essential contract duty to representing delivery delay, the salesperson is liable after the legal regulations; with what does his/its liability be limited to the previously-sight-pure, characteristically entering damage.
(6) the delivery delay of the salesperson is based on a culpable injury of a not essential contract duty, the buyer is justifiable, for every consummate week delay a lump delay compensation for height of 3 percent of the purchase price, at most no more than 15 percent of the purchase price, to demand.
(7) the further legal claims and rights because of the buyer of a delivery delay of the salesperson remains untouched.
(8) the salesperson is anytime justifiable to partial deliveries and partial performances as far as this is reasonable for the buyer.
§5 danger passing- shipment/ packaging
(1)embarkation and shipping takes place on danger of the buyer from Hohenstein-Ernstthal. the salesperson, who takes the trouble, determines the type of the shipment and the package that to choose most affordable and surest shipment and package type. Transportation insurances take place only on express wish of the buyer and at his/its cost. At a possible damage of a merchandise program, the buyer is indebted to immediately show this damage to the transportation business.
(2) the shipping is delayed on wish or from fault of the buyer, so the salesperson stores the merchandise at cost and danger of the buyer. In this case, the ad of the shipping willingness stands like the shipping.
§6 warranties / liability
(1) the buyer has the received ware on wholeness to examine transportation damages, obvious lacks, nature and their qualities. Obvious lacks are to be reprimanded in writing from the buyer from delivery of the contract object opposite the salesperson within two weeks.
(2) the salesperson is not indebted to the guarantee if the buyer didn't reprimand in time an obvious lack in writing. As far as one is available from the salesperson to representing lack at the ware and was reprimanded by the buyer in writing in time, the salesperson is obliged to be resigned from the contract under exclusion of the buyer's right or to reduce the purchase price to the after-fulfillment, it then is that the salesperson is entitled the after-fulfillment on the basis of the legal regulation about the refusal. The buyer has to grant the salesperson an appropriate period for every individual lack to the after-fulfillment.
(3) the after-fulfillment can take place through elimination of the lack or delivery of a new ware after the buyer's election. The salesperson is justifiable, that to refuse to the after-fulfillment of the buyer of chosen type, if she/it is interconnected only with disproportionate costs. During the after-fulfillment, the reduction of the purchase price or the resignation of the contract are impossible through the buyer. An update is regarded as gone wrong with the second useless attempt. The after-fulfillment went wrong or refused the after-fulfillment the salesperson altogether, reduction of the purchase price (decrease) can ask of the buyers for his/its election or can explain the resignation of the contract.
(4) the buyer can make damages claims to the following conditions because of the lack first current if the after-fulfillment went wrong or the salesperson refuses the after-fulfillment. The buyer's right to the assertion of continuing damages claims to the following conditions remains untouched from it.
(5) the salesperson is liable regardless of the regulation in IV. Digit 2 until 6 of this contract and the following liability limitations fully for damages at lives, bodies and health, that are based on a negligent or willful compulsory injury of him, his legal representatives or his/its fulfillment assistants, as well as for damages, that are included by the liability according to the product liability law, as well as for all damages, that is based on willful or roughly negligent contract injuries as well as guile of the salesperson, his legal representatives or his/its fulfillment assistants. As far as the manufacturer respecting the ware or parts of the same a nature - and/or durability guarantee handed over, the salesperson is liable also in the framework of this guarantee. For damages, that are based on the absence of the guaranteed nature or durability, but doesn't enter directly at the ware, the salesperson is liable however only when the risk of such a damage is obviously grasped by the nature and durability guarantee.
(6) the salesperson is liable also for damages, that are caused by simple negligence, as far as this negligence involves the injury of such contract duties, whose observance is for the attainment of the contract purpose of particular meaning (cardinal duties). the salesperson however only is liable as far as the damages with the contract are connected and previously-sight-pure in typical manner. With simple negligent injuries not contract-more essentially additional duties is not liable the salesperson in the remainder. This in the sentences 1-3 contained liability limitations also is valid, as far as the liability for the legal representatives, leading employees and other fulfillment assistants of the salesperson is concerned.
(7) a continuing liability is impossible regardless of the legal nature of the current done claim. As far as the liability of the salesperson is excluded or limited, this is applicable also to the personal liability of his/its employee, employees, co-workers, representatives and fulfillment assistants.
§7 proprietary reservations
(1) the salesperson keeps the property as far as to the reception of all payments from the purchase contract for himself at the ware (reservation ware) before.
(2) the buyer has the salesperson of all accesses third to especially inform in writing about execution measures as well as other impairments of his property instantaneously. The buyer has to replace the salesperson all damages and costs, that are created third through a violation of this obligation and through necessary intervention measures against accesses.
(3) the buyer of his/its covenant doesn't keep up despite a reminder of the salesperson, so the salesperson can ask for the publication of the reservation ware standing still in his/its property without prior deadline. The buyer carries the cartages accruing on that occasion. A resignation of the contract always is in the seizure of the reservation matter through the salesperson. The salesperson is authorized to their utilization after retention of the reservation ware. The utilization proceeds is to be credited on obligations of the salesperson minus appropriate utilization costs.
§8 retraction instructions
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you or one third party named by you who is not the carrier, have or has taken the goods in possession.
To exert your right of cancellation, you must inform us: Racespare.com - Steve Jenkner - Am Sachsenring 1a - 09353 Oberlungwitz - E-Mail: info(at)racespare.com - Tel: +49(0)3723.6783890 - Fax: +49(0)3723.6783891
by a clear statement (eg a consigned by post mail, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form which is not mandatory, however. In order to observe the revocation period it is sufficient for you to send the message of the withdrawal before the withdrawal deadline.
§9 Effects of withdrawal
If you withdraw from this contract, we have to pay back all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen an expensive type of delivery other than the one offered by us). The payment must be repaid immediately at the latest within fourteen days from the date on which we recieved your cancellation notice.
For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. In no event will you be charged fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods if this value loss is due to a not necessary handling of the goods to ascertain the nature, characteristics and functioning.
Excluded from revocation are goods which were explicitly manufactured on customer request as well as products made to measure.
§10 data refuges
(1) the salesperson stores and conveys the customer's order-referential personal data exclusively to the treatment and handling of his/its order. In accordance with the regulations of the federal data protection, the salesperson obliges himself to an extensive protection of the customer's personal data.
§11 protection and copyrights
(1) the customer is liable alone if rights are especially injured copyrights third by the implementation of his/its order. The customer has the salesperson of all claims third to leave because of such an infringement.
§12 end identifications, applied right,
(1) the relationships between the contract parties resolve themselves exclusively after the right current in the Federal Republic of Germany. The application of the uniform law about the international purchase of movable matters as well as the law about the conclusion of international purchase contracts over movable matters is impossible.
(2) the buyer is not justifiable to transfer claims to that of salesperson from the purchase contract without consent.
(3) jurisdiction for both parties is Hohenstein-Er.
(4) a regulation of these general delivery and terms should be ineffective or unworkable or should become, so the effectiveness of the general delivery and terms doesn't touch this in the remainder.