General terms and conditions of business
General terms and conditions of business
1 Scope and provider
These general terms and conditions apply to all orders you place with the online shop
Downforce Racing OHG
Management: Sascha Matic, Nikola Mrkonjic
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 16. Exceptions to this are only possible with prior agreement. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to. The contract language is exclusively German. You can access and print out the currently valid General Terms and Conditions on the website.
2 Conclusion of contract
The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. By clicking the button ["Agreement to pay for the order you are placing" / "buy"] make a binding purchase offer (§ 145 BGB). After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance.
The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs. Further information about shipping costs can be found on our website at ["Shipping Information" / "Delivery terms" ].
4 payment terms; Default
Payment can be made either by:
- Invoice in advance,
- cash on delivery,
- Credit card,
- Paypal or
- Direct debit.
It is our responsibility to select the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only advance payment to protect our credit risk. If you choose the advance payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation. If you pay cash on delivery, an additional fee of EUR 4.90 will be charged by the delivery person on site. There are no further costs or taxes. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be charged at the time we ship the goods to you. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards. When paying by direct debit, you may have to bear the costs that arise as a result of a payment transaction being reversed due to insufficient funds in the account or due to incorrect bank details being transmitted by you. If you default on a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default occurs, you will be charged a reminder fee of EUR 5.00, unless lower or higher damage can be proven in the individual case.
5 Offsetting/right of retention
You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 delivery; Retention of title
Unless otherwise agreed, delivery will be made to the address you provided. The goods remain our property until the purchase price has been paid in full. In exceptional cases, we are not obliged to deliver the ordered goods if we ordered the goods correctly but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers. If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:
We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred. You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that cannot primarily be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Company: Downforce Racing OHG
Address: Robert-Gerwig-Straße 35, 78315 Radolfzell
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation:
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
If you want to revoke the contract, please send us a corresponding statement.
Company: Downforce Racing OHG
Address: Robert-Gerwig-Straße 35
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notification)
(*) Delete what is not applicable.
End of revocation
The right of withdrawal does not exist:
- when supplying goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) ,
- sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
- of goods if, due to their nature, they were inseparably mixed with other goods after delivery,
- audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- of newspapers, magazines or magazines with the exception of subscription contracts.
- Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage caused by inadequate packaging.
- Before returning, please call us on 0177/9751569 to announce the return. In this way, you enable us to assign the products as quickly as possible.
- Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
8 transport damage
If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as quickly as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB). If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items is - contrary to the statutory provisions - one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. In addition, the statutory provisions apply to the warranty. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications: Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer. You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded. In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (supplementary performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods. If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract. The warranty period is one year from date of delivery.
Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence. Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents. We are expressly not liable for production errors on the part of the manufacturer and/or resulting damage, regardless of the type of damage. Corresponding claims for damages must be made directly to the manufacturer. You will receive the contact details from us upon request.
11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/. We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
12 final provisions
If one or more provisions of these General Terms and Conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions. German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Convention on Contracts for the International Sale of Goods”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law. If you are a merchant, a legal entity under public law or a special fund under public law, Radolfzell am Bodensee is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of: July 2021