§ 1 GENERAL – SCOPE
The terms and conditions apply to all current and future business relationships.
Consumer i. S.d. Terms and conditions are natural persons with whom a business relationship is entered into without any commercial or independent professional activity being attributed to them.
Entrepreneur i. S.d. Terms and conditions are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
Customer i. S.d. Terms and conditions apply to both consumers and entrepreneurs.
Differing, conflicting or supplementary general terms and conditions, even if known, do not become part of the contract unless their validity is expressly agreed to in writing.
§ 2 CONCLUSION OF CONTRACT
The information contained in brochures or similar documents and the product descriptions made with another offer, such as illustrations, drawings, descriptions, dimensions, face, performance and consumption data as well as information regarding usability, are subject to change.
Guaranteed properties within the meaning of the German Civil Code (BGB) are expressly marked as such.
By ordering goods, the customer declares bindingly that they want to purchase the ordered goods.
We are entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance.
The contract is concluded subject to correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, especially if a congruent hedging transaction has been concluded with our supplier.
The customer will be informed immediately about the unavailability of the service. The consideration will be refunded immediately.
If the consumer orders the goods electronically, we will save the contract text and send it to the customer upon request by email along with these General Terms and Conditions.
§ 3 RETENTION OF TITLE
In the case of contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full.
In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full.
The customer is required to handle the product with care.
The customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or of their own change of residence.
We are entitled to withdraw from the contract and demand return of the goods if the customer behaves in breach of contract, in particular if payment is delayed or if an obligation according to section 3 of this provision is breached.
The entrepreneur is entitled to resell the goods in the ordinary course of business. He now assigns to us all claims in the amount of the invoice amount that arise from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment.
The treatment and processing of the goods by the entrepreneur is always carried out in our name and on behalf of us. If processing takes place with items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us in relation to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.
If the value of all security interests to which we are entitled under these provisions exceeds the amount of all secured claims by more than 25%, we will release a corresponding portion of the security interests at the buyer's request.
Before ownership is transferred, the goods may not be pledged or transferred as security.
§ 4 RIGHT OF CANCELLATION AND RETURN
Consumers have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 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 ATG Racing GmbH
Address: Rudolf-Diesel-Straße 61 in 48157 Münster Germany
Email: ebay@brembo-shop.de
Tel.: 0049 251 162455-80
Fax: 0049 251 162455-81
inform you about your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). To meet the revocation period, it is sufficient that you send the notification of your exercise of the right of revocation before the end of the revocation period.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising 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 for this repayment. We may 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 will receive the goods immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract
Company ATG Racing GmbH
Rudolf-Diesel-Straße 61 in 48157 Münster Germany
Email: ebay@brembo-shop.de
Tel.: 0049 251 162455-80
Fax: 0049 251 162455-81
to return or hand over. 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 functioning of the goods.
Exceptions to your right of withdrawal
You do not have a statutory right of withdrawal for contracts relating to:
the supply of goods made to your specifications or clearly tailored to personal needs; and or
the delivery of goods that are not suitable for return for health protection or hygiene reasons and whose seal has been removed after delivery.
“In the event of a cancellation, you will bear the direct costs of returning the goods”.
§ 5 REMUNERATION
All prices shown are EURO prices
The offered purchase price is binding. The purchase price includes the VAT.
The agreed prices are excluding the distributor and owner and do not include any other additional services. Shipping is at our discretion.
When purchasing by mail order, the purchase price is plus transport and packaging costs, which depend on the type, size and weight of the goods.
When shipping cash on delivery, the postage increases by the actual costs incurred by cash on delivery.
The customer undertakes to pay the purchase price within 14 days of receiving the goods. After this period the customer is in default of payment.
During the default, the consumer must pay interest on the monetary debt at a rate of 5% above the base interest rate.
During the default, the entrepreneur must pay interest on the monetary debt at a rate of 8% above the base interest rate. We reserve the right to prove and claim higher damages caused by the delay against the entrepreneur.
The customer only has the right to offset if his counterclaims have been legally established or have been recognized by us.
The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 DELIVERY
If the customer is an entrepreneur, we are entitled to make partial deliveries.
If we are in default for reasons for which we are responsible, liability for damages in the event of ordinary negligence is excluded, provided that the delay is not due to the breach of essential contractual obligations.
Delays in delivery and performance as a result of force majeure, such as monetary and trade policy or other sovereign measures, strikes, lockouts, as well as operational disruptions such as fire, obstructions or traffic routes or similar circumstances beyond our control, initially result in a reasonable extension of the delivery period.
The circumstances mentioned release us from any delivery obligations we have entered into for the duration of the hindrance.
If the buyer sets us a reasonable grace period after we have already defaulted, he is entitled to withdraw from the contract after this grace period has expired without result.
If the buyer defaults on acceptance or violates other obligations to cooperate, we are entitled to claim the damages we incur, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item also passes to the buyer at the time the buyer defaults on acceptance.
§ 7 TRANSFER OF RISK
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, or in the case of mail-order sales, upon delivery of the item to the freight forwarder, freight carrier or other person or institution designated to carry out the shipment.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over.
The handover is deemed to be the same if the buyer is in default of acceptance.
§ 8 WARRANTY
If the buyer is an entrepreneur, we will initially provide warranty for defects in the goods through repair or replacement delivery, at our discretion.
If the buyer is a consumer, he initially has the choice of whether subsequent performance should take place through repair or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the consumer.
If supplementary performance fails on the second attempt, the customer can, at his discretion, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, if there is only a minor breach of contract, particularly if there are only minor defects, the customer does not have the right to withdraw from the contract.
Entrepreneurs must notify us in writing of obvious defects immediately upon receipt of the goods (at the latest after one week from receipt); Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claims requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.
Consumers must inform us in writing of any obvious defects within a period of two months after the time at which the non-conforming condition of the goods was discovered. The decisive factor for meeting the deadline is the receipt of the information by us. If the consumer fails to provide this information, the warranty rights expire two months after the defect is discovered. This does not apply in cases of malice of the seller. The burden of proof as to when the defect was discovered lies with the consumer. If the consumer was persuaded to buy the item by incorrect manufacturer statements, the burden of proof falls on him to support his purchase decision. In the case of used goods, the consumer bears the burden of proof that the item is defective.
If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent fulfillment has failed, he or she is not entitled to any claim for damages due to the defect.
For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. This does not apply if the customer has not notified us of the defect in a timely manner (Section 4 of this provision).
If the buyer is an entrepreneur, only the manufacturer's product description is deemed to be agreed as to the quality of the goods. Public statements, praise or advertising by the manufacturer do not constitute a contractual statement of the quality of the goods.
The assignment of warranty claims to third parties is excluded.
If the buyer sells the items delivered by us to third parties, he is prohibited from referring to us because of the associated legal or contractual warranty claims.
If the customer receives defective assembly instructions, we are only obliged to deliver defect-free assembly instructions and only if the defect in the assembly instructions prevents proper assembly.
The goods received must be proven to have been properly and professionally dismantled and/or processed.
The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected.
§ 9 LIMITATIONS OF LIABILITY
In the case of slightly negligent breaches of duty, our liability is limited to the direct average damage that is foreseeable and typical for the contract based on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.
We are not liable to entrepreneurs for slightly negligent violations of insignificant contractual obligations.
The above limitations of liability do not affect customer claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of physical injury or damage to health or loss of life of the customer that is attributable to us.
The customer's claims for damages due to a defect expire one year after delivery of the goods. This does not apply if we be accused of fraud.
§ 10 PLACE OF PERFORMANCE, JURISDICTION AND LEGAL SYSTEM
The law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business (Münster), with the proviso that we are entitled to do so at the location of the buyer's registered office or branch to complain. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is filed.
If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become invalid in whole or in part, this will not affect the validity of the remaining provisions. The completely or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
§ 11 DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
If you send offers by email, this text must also appear in the offer email.
