Terms of service
for all sales contracts concluded between Ferdinand Conradt, Tannenweg 52, 71665 Vaihingen an der Enz (hereinafter "motor-circuit") and customers of motor-circuit (hereinafter "customer").
§1 Scope, definition of terms
- The following general terms and conditions apply exclusively to the business relationship between motor-circuit and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless motor-circuit expressly agrees to their validity in writing.
- The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§2 Conclusion of contract
- The offers of the products on the website and in the shops as well as in brochures, flyers and other publications of motor-circuit are non-binding and merely represent an invitation to the customer to place an order.
- The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the button "Complete order with obligation to pay" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order by email or by delivering the goods within two days.
- However, the application can only be submitted and transmitted if the customer has previously expressly accepted the general terms and conditions of motor-circuit and thereby included them in his application.
- You have the option of concluding the purchase contract in German or English.
§3 Delivery, availability of goods
- If the product specified by the customer in the order is not in stock at motor-circuit and will not be available for the foreseeable future through no fault of motor-circuit, motor-circuit will inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Otherwise, in this case motor-circuit is also entitled to withdraw from the contract. In this case, motor-circuit will immediately reimburse any payments already made by the customer.
- If the customer is not a consumer, motor-circuit only owes the proper dispatch of the goods when placing an order using telecommunications means. In this case, the risk of accidental loss, accidental deterioration and loss of the goods through no fault of motor-circuit passes to the customer as soon as motor-circuit has handed over the goods to the shipping/transport company.
§4 Retention of title
The delivered goods remain the property of motor-circuit until full payment has been made.
§5 Prices and shipping costs
- All prices stated on the motor-circuit website include the applicable statutory sales tax.
- The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer.
- The goods are shipped by post/DHL or by another transport company.
§6 Terms of payment
- Unless otherwise expressly agreed, delivery is only made against prepayment (possible by cash payment, bank transfer, Paypal).
- In the case of payment in advance, payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case he has to pay motor-circuit interest on arrears at a rate of 5 percentage points above the base interest rate.
- The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by motor-circuit.
§7 Material defect warranty, guarantee
- motor-circuit is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty period for items supplied by motor-circuit for entrepreneurs is 12 months.
- The goods supplied by motor-circuit are only guaranteed if this has been expressly stated in the order confirmation for the item in question.
- Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by motor-circuit, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- In the event of a breach of essential contractual obligations, motor-circuit is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
- The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of motor-circuit if claims are asserted directly against them.
- The provisions of the Product Liability Act remain unaffected.
§9 Consumer's right of cancellation and consequences of cancellation
- You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time Enz
Telephone: +49 7147 2763778
- In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.
- The right of withdrawal does not apply to distance contracts:
- for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose use-by date has passed.
- for the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by you.
- for the delivery of newspapers, periodicals and magazines, unless you have made your contractual declaration by telephone.
§10 Cost Bearing Agreement
- If you make use of your right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you pay a higher price for the item have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return is free of charge for you.
§11 Note on data processing
§12 Final Provisions
- The law of the Federal Republic of Germany shall also apply to contracts between motor-circuit and the customer, excluding the UN Sales Convention.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and motor-circuit is the registered office of motor-circuit.
- The contract remains binding in its remaining parts even if individual points are legally ineffective.
§13 Information for consumers on out-of-court dispute resolution
Obligation to inform according to the ODR regulation (Art. 14 para. 1 ODR-VO)
Link to the EU Commission's platform for online dispute resolution: http://ec.europa.eu/consumers/odr
Our e-mail address is: firstname.lastname@example.org
Obligation to inform according to the Consumer Dispute Settlement Act (§ 36 VSBG)
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and are generally not willing to do so.