Terms and Conditions
Terms and conditions - SHOP General Terms and Conditions Schmid Motorsport GmbH (limited company) § 1 Scope These general terms and conditions constitute the exclusive basis for all established legal relationships between the company Schmid Motorsport GmbH (limited company), Leonhard-Kluftinger-Straße 6, 87674 Kaufbeuren, registered in the commercial registry of the district court Kempten under HRB 8046, represented by the company, and their customers at online shop www.o-brake.com, at fast-parts-shop24 and o-brake.comshop. The general terms and conditions version valid at the time of conclusion of contract shall apply. These are available as storable and printable version for free at www.schmid-motorsport.de. Concerning legal relationships between suppliers and Schmid Motorsport GmbH, we refer to our conditions of purchase at this point. We can only acknowledge contrary conditions or conditions deviating from the sales conditions by the purchaser if we have agreed to their application explicitly and in writing. These conditions of purchase shall also apply to future business with the purchaser, insofar as it involves legal transactions of related kind. § 2 Conclusion of Contract Our offers are nonobligatory. Technical changes as well as changes in shape, color, and/or weight shall remain reserved within reason. The order submitted by the purchaser is a binding offer. We are entitled to accept the contract offer contained in the order no later than within two weeks after receipt by us. The offer can also be accepted by delivery of the purchased item. An order comprises the authorization to conduct test drives. Orders from the areas engine technology, undercarriage and exhaust technology are dependent on your vehicle-specific data. We reserve the right to make all necessary changes (explicitly also concerning price) until the vehicle-specific check. Ordering in the Internet Shop The presentation of the products in the online shop does not include a binding offer by the vendor. It represents an invitation to the customer to submit a binding offer to the vendor. A contract with Schmid Motorsport GmbH comes into existence with a binding offer to conclude a purchase contract on the ordered product. By clicking on the button „Buy now“ in the online shop, the customer submits such an offer to purchase the products contained in the shopping cart. In doing so, the customer also accepts these terms and conditions as exclusively applicable for the legal relationship with the vendor. By stating his e-mail address, the buyer agrees with electronic invoice dispatch to his e-mail address. If you place an order at www.o-brake.com or fast-parts-shop24 or o-brake.comshop, we will send you an e-mail that confirms receipt of your order by us and states its details (order confirmation). This order confirmation does not constitute an acceptance of your offer, but shall only inform you that we have received your order. A purchase contract only comes into existence when we dispatch the ordered product to you. According to §355 FernAG (German Distance Selling Act), you have a cancellation right within a time limit of two weeks (for E-bay orders, one month) on all shipping products. You have the right to cancel your contractual declaration/this contract without giving reasons within fourteen days. The cancellation period begins 14 days from the day on which you or a third person nominated by you, who is not the carrier, have/has taken the last products in possession. In order to exercise your cancellation right, you must inform us, Schmid Motorsport GmbH, Leonhard-Kluftinger-Straße 6, 87600 Kaufbeuren, Tel. +49(8341)995770, firstname.lastname@example.org, by means of an unambiguous statement (e.g. a letter sent by post or an e-mail), of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the cancellation right before the cancellation period has expired. You can also use the following cancellation form: Cancellation form template If you want to cancel the contract, please fill in this form and send it back. To ............................. ............................. ............................. ............................. (Name, address, telefax number if applicable and e-mail address of the entrepreneur) I/we hereby cancel the contract concluded by me/us on the purchase of the following products / delivery of the following service: .............................................................................. .............................................................................. (Name of product, order number where necessary and price) Product ordered on: ............................. Date Product received on ............................. Date Name and address of consumer: ............................. ............................. ............................. ............................. Date .................................................... Signature customer (only for written cancellation) Unless otherwise agreed by the parties, the cancellation right does not apply to the following contracts: Contracts for the delivery of products which are not prefabricated and which require an individual selection or determination by the consumer for their production or which are unequivocally tailored to the personal needs of the consumer or which are motorsport parts. § 3 Prices and Payment Terms All prices in the online shop are net prices directed at the reseller; expenses arising in addition to the commodity price for payment and shipment are clearly communicated to the customer on the order page. The prices which are in effect at the time an order is placed are applicable. Schmid Motorsport GmbH reserves the right to change the prices quoted in the online shop before conclusion of contract. In such an event, the order confirmation by Schmid Motorsport GmbH constitutes a modifying offer to conclusion of contract, so that conclusion of contract only comes into existence with a separate acceptance by the customer. If the time period between conclusion of contract and agreed delivery date is more than one month, we are entitled to adjust the price, in the event that wages, material costs, commodity prices, land- or sea freights, taxes, customs duties or market cost prices have risen until completion of delivery. The purchase price is due for payment without deduction upon delivery; in case of refusal to pay the purchase price, the customer automatically comes in default 3 weeks after the due date. Payment of the purchase price takes place at customer’s option via advance payment, instant transfer, cash or cash on delivery. § 4 Acceptance of Goods The purchaser is obligated to accept the delivery item. Acceptance generally takes place – unless otherwise agreed – at our Kaufbeuren office. The purchaser comes in default of acceptance if he does not collect the purchased item against payment of invoice within 8 days after notification of completion and issuance of preliminary or final invoice. If a vehicle is not collected after expiration of the deadline, we can charge the locally customary storage fees for the per diem storage of vehicles as demurrage. § 5 TÜV (German MOT) Inspection A customer’s claim to TÜV registration in the vehicle title generally only exists with the TÜV that compiled the sample report. § 6 Complaints We commit ourselves to careful execution from flawless material. If and when an entrepreneur places an order, he must inspect the contract object on receipt and make possible complaints immediately. Later complaints are excluded, unless the purchaser provides evidence of unforeseeable work-, material-, or construction faults that were not ascertainable at acceptance of the purchased item within 14 days after delivery. All complaints must be in writing and must indicate the faults precisely. Upon receipt of an already externally damaged delivery, this must be announced in writing immediately upon delivery by the shipping company. § 6.1 specialguarantee Specialguarantee = unique manufacturing process for the best HTCIC quality from www.o-brake.com. § 7 Spare Parts If not otherwise agreed when placing the order, replaced parts shall pass into our ownership. § 8 Retention of Title The purchased item remains our property until all claims, including all costs, have been settled in full. As long as our retention of title persists, any modification to our disadvantage, disposition, pledge, chattel mortgage, or other cession of the purchased item to third parties is not permitted without our written consent. The purchaser is obligated to handle the items lent to him with care, store them carefully and keep them in sound condition for the duration of retention of title. In the event of destruction, damage and seizure of the delivered items, the purchaser must notify us immediately, and in case of seizure, the executory officer must also be made aware of the retention of title immediately. All expenses arising from the enforcement of our retention of title shall be borne by the purchaser. If the delivery items are processed with other items which are not our property, Schmid Motorsport GmbH acquires co-ownership of the new item in proportion of the value of the delivery items to the other processed items at the time of processing. If the delivery items are irreversibly incorporated with other items which are not our property, we acquire co-ownership of the new item in proportion of the value of the delivery items to the other incorporated items. The purchaser safeguards the co-ownership for us. § 9 Shipment and Passing of Risk We charge for delivery accordingly. For internet orders to resellers, the respective individual agreements shall apply. If the purchased item is sent to the purchaser at his request, the risk of accidental destruction or accidental impairment of the purchased item shall be transferred to the purchaser upon dispatch to the purchaser, at the latest upon the purchased item leaving. This shall apply irrespectively of whether the purchased item is dispatched from the place of performance or of who bears the freight charges. In case of subsequent change of address at the delivery service, additional costs will arise, which shall be borne by the purchaser. § 10 Delivery If and insofar as no delivery times are stipulated, we deliver the purchased item ordered at the earliest possible date. Operational or traffic disruptions, strikes, shortage of raw materials or other circumstances which are beyond our control release us from meeting delivery dates in any case and do not give the purchaser the right to claim damages or to withdraw from the contract. Delivery of the item shall be made to the delivery address indicated by the customer. Items which the vendor has in stock are dispatched within the stipulated time. For items which are not in stock, the product can be enquired in the online shop and the expected delivery time will then be stated by e-mail response. Delivery of the item shall be made at buyer’s risk. The risk of accidental destruction and accidental impairment of the item shall be transferred to the customer upon delivery to the customer. The item shall remain property of the vendor until the purchase price has been paid in full. Should the ordered item not be deliverable in due time or not be deliverable any longer despite the prior conclusion of a respective purchasing contract of the vendor, the vendor will inform the customer of this immediately. In such a case of delay in delivery, the customer shall be at liberty to wait for the ordered item or to withdraw from the contract; if delivery is impossible, both parties are entitled to withdraw from the contract. In the case of a withdrawal, the customer will be refunded immediately for any considerations he may have already paid. The vendor is entitled to make partial deliveries, so far as reasonable for the customer. For a partial performance at the vendor’s instigation, no additional delivery charges shall arise. Additional delivery charges are only charged in accordance with § 3 sentence 1 of the German Value Added Tax Act, if partial delivery is made at the express request of the customer. § 11. Warranty / Liability For a contract with a consumer (§13 German Civil Code), the legal regulations apply. Other than that, we shall assume liability for defects to the delivery items in the following way: Within 6 months after transfer of risk, the purchaser is initially entitled to claim subsequent performance (rectification or replacement delivery). When choosing a warranty law option, the purchaser must respect the principle of proportionality. In case of rectification, we shall be obligated to reimburse all expenses necessary for the purpose of remedial action, insofar as the costs do not increase by the purchased item being taken to a place other than the place of fulfillment. Expenses are in particular transport-, road-, labor- and material costs. Should subsequent performance be unsuccessful or disproportionate, the purchaser can withdraw from the contract or reduce the purchase price. He can only exercise the right of withdrawal or price reduction provided that he initially asked us for rectification, setting a reasonable deadline, unsuccessfully. Our liability, that of a legal representative or of an agent is limited to the cases of intent or gross negligence. For a violation of essential contractual obligations, we are principally liable according to legal provisions. Claim for damages, however, is limited to the foreseeable damage typical for this type of contract. Liability for damages by the contractual object to other legal assets of the purchaser is excluded, insofar as the damages have not been caused by intent or gross negligence. This regulation also includes claims for damages besides performance and compensation instead of performance, regardless of the legal grounds, in particular based on defects, violation of duties arising from the contractual obligation or from unauthorized use. It shall also apply to claims to compensation of futile expenses. Natural wear and tear shall be excluded from the warranty in any case. The same applies to minor deviations from the agreed quality or damages which occur after transfer of risk due to incorrect or negligent handling or particular external influences which were not presupposed in the contract. In case of a defect which is based on incorrect assembly, we are only obligated to warranty if the assembly or installation of the object sold was carried out competently. The competent performance must be set out and proved by the purchaser. Damages which occur through insufficient or incorrect information on the purchaser’s operating conditions, through improper handling or mounting of the contractual item, through excessive load or through the buyer or a third party instructed by him having undertaken changes or repairs to the contractual item without our approval are excluded from the warranty. Illustrations and descriptions shall only be considered as general information and may differ in color, shape and design; technical data can be subject to changes, since we always make an effort to advance our products. Specifications in the descriptions, about performances, speeds, etc., are not binding data but are to be regarded as approximate. We expressly note that motorsport parts are short-lived high-performance products which are in some cases not approved for public road traffic. We cannot assume any warranty or liability for these particular motorsport parts. All components have been developed, among other purposes, also for use in motorsport. Concerning use in public road traffic, the buyer / user / consumer must find out about admissibility in public road traffic himself. Due to the fact that motorsport is dangerous and that the use of brake components, among other things, takes place in extreme driving situations and on closed racing circuits, the company assumes no warranty or guarantee regarding technical performance, usage or design of the brake components. The company solely warrants that the components have been produced in accordance with the valid manufacturing provisions. Without limiting the foregoing, the company particularly assumes no liability for injury or death in connection with the use of the brake components. The risk remains with the buyer / user / consumer to the fullest extent. Apart from the statement that the manufacturing provisions for brake components are complied with, the company assumes no warranty or liability of any kind, neither explicitly nor implicitly, regarding their merchantability or specific usability. Damages which have occurred due to improper handling, mounting or excessive load of the purchased item or through non-compliance with the regulations on handling, maintenance and care of the purchased item (e.g. operating instructions, service booklet etc.) are excluded from the warranty. Furthermore, we expressly note that damages which have occurred due to wear because of higher than average mileages (> 15,000 km/year) are excluded from the warranty. Statements by us in connection with the contract (performance specification, reference to DIN) do, in case of doubt, not include an assumption of a guarantee. In case of doubt, the assumption of a guarantee requires our express written declaration. § 12 Offset The customer shall have a right of offset only if his counterclaims have been determined without further legal recourse or if they are undisputed. § 13 Data Protection The personal data voluntarily provided by the customer in connection with his order are used exclusively in compliance with the provisions of the Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Personal data by the customer are only collected if and to the extent to which the customer voluntarily provides the vendor with such data when using the online shop. Processing and transfer of these data to third parties only takes place insofar as this is necessary for the performance of the contractual relationship between the vendor and the customer. Therefore, the data are transferred to the shipping company assigned with the delivery and – if necessary – to the bank assigned with the payment transaction. A transfer of data to third parties beyond this scope does not take place. The customer has the right to get free information about his stored personal data at any time and if applicable the right to correct, block and delete these data. The vendor reserves the right to create user profiles by means of the collected customer data using pseudonyms for the purposes of advertising, market research or for needs-based design of his offers. The contents of the data protection information within the meaning of this § 8 are available for the customer on www.schmid-motorsport.de any time. Questions concerning the collection, processing or usage of the customer’s personal data, concerning information, corrections, blocking or deleting data and revocation of assigned consents can be addressed to the vendor at the address stated in § 1 subsection 1 of these terms and conditions. § 14 Right of Cancellation / Return Instruction You have the right to cancel your contractual declaration/this contract without giving reasons within fourteen days. The cancellation period begins 14 days from the day on which you or a third person nominated by you, who is not the carrier, have/has taken the last products in possession. In order to exercise your cancellation right, you must inform us, Schmid Motorsport GmbH, Leonhard-Kluftinger-Straße 6, 87600 Kaufbeuren, Tel. +49(8341)995770, email@example.com, by means of an unambiguous statement (e.g. a letter sent by post or an e-mail), of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the cancellation right before the cancellation period has expired. Cancellation form template If you want to cancel the contract, please fill in this form and send it back. To ............................. ............................. ............................. ............................. (Name, address, telefax number if applicable and e-mail address of the entrepreneur) I/we hereby cancel the contract concluded by me/us on the purchase of the following products / delivery of the following service: .............................................................................. .............................................................................. (Name of product, order number where necessary and price) Product ordered on: ............................. Date Product received on: ............................. Date Name and address of consumer: ............................. ............................. ............................. ............................. Date .................................................... Signature customer (only for written cancellation) Consequences of cancellation If you cancel this contract, we have to repay the product value which we have received from you concerning this contract to you immediately and no later than within fourteen days after the day on which the respective item concerning the cancellation of this contract arrived at our company. For the repayment, we use the same means of payment that you used for the original transaction, unless expressly otherwise agreed with you; we can refuse repayment until we have received the products. You have to return or hand over the items immediately and in any case no later than within fourteen days after the day on which you inform us about the cancellation of this contract to us, Schmid Motorsport GmbH, Leonhard-Kluftinger-Straße 6, 87674 Kaufbeuren. The time limit shall be deemed observed if you dispatch the products before the expiry of the fourteen-day time limit. We do not bear the costs for the return of the items. You are only liable for any loss in value of the items if this loss in value is due to handling and usage by you not necessary for inspection of the condition, characteristics and functionality of the items. § 15 Conditions of Acceptance The purchaser is obliged to accept the goods. If the purchaser finds himself in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for damage occurring to this extent including possible additional expenses. Further claims shall remain reserved. Should the above conditions exist, the risk of accidental destruction or accidental impairment of the purchased item shall be transferred to the purchaser at that time at which he falls into default of acceptance or debtor’s default. § 16 Insurance An insurance policy is taken out only at the purchaser’s express request and at his expense. § 17 Place of Performance and Jurisdiction Place of performance is Kaufbeuren, unless expressly agreed otherwise. For all disputes arising out of the contractual relationship, if the purchaser is a qualified merchant, legal action shall be brought before the local court Kaufbeuren or the regional court Kempten, respectively. We are also entitled to take legal action at the purchaser’s official place of business. German law shall exclusively be applicable, excluding the laws on the international purchase of movable objects, even if the customer has his company headquarters in a foreign country. 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 possibility to use this platform for resolution of their disputes. § 18 Miscellaneous The legal invalidity of individual provisions shall not affect the validity of the contract or the other provisions. § 19 Terms of Payment For all claims (also from previous legal transactions), we are entitled to a right of retention and lieu concerning the item which has come into our possession as a result of the contract. We are entitled to realize the pledge by way of private sale. For the threat of sale of pledge, a written notification to the purchaser’s last address is sufficient. When a contract is concluded, we can only accept advance payment without deduction of discount or cash on delivery. Otherwise, payment is due immediately and without deduction of discount. Consumer information on concluding distance contracts and further information on e-commerce The following information does not constitute contractual terms. The contractual terms are exclusively defined by the General Terms and Conditions. The customer receives this consumer information and the General Terms and Conditions in text form upon delivery of the item at the latest. Every customer can, however, print out the information at www.o-brake.com anytime. 1. Identity and summonable address of the vendor Schmid Motorsport GmbH, Leonhard-Kluftinger-Straße 6, 87674 Kaufbeuren District court (Amtsgericht) Kempten, commercial register no. (HRB) 8046; E-mail: firstname.lastname@example.org; VAT number: DE 226 880 587 2. Language Exclusive contract language is German. 3. Conclusion of contract The presentation of the products in the online shop does not include a binding offer by the vendor. It represents an invitation to the customer to submit a binding offer to the vendor with his order. Before placing an order, the customer has to sign in. After clicking the button “Sign in”, the data necessary for contract processing have to be submitted. By submitting his e-mail address, the buyer agrees with electronic invoice dispatch to this e-mail address. By clicking on the button “Add to basket”, the customer can choose individual items to order later. By clicking on the button “Buy now”, the customer places a binding order of the items contained in the shopping cart. Prior to that, the terms and conditions of the vendor have to be expressly accepted as an integral part of the contract by clicking a respective button. The vendor will confirm receipt of the customer’s order immediately by fax or e-mail. This confirmation of receipt, which is sent automatically, does not constitute a binding acceptance of the order, but only informs the customer that the vendor has received the order. The confirmation of receipt is accompanied by the terms and conditions and this consumer information. The purchase contract comes into existence through the customer’s order, on the one hand, and an express order confirmation by the vendor or dispatch of the item by the vendor, respectively. 4. Correcting input errors Before sending his order, the customer has the possibility to detect possible input errors by checking the summarized presentation of the contract data and to correct them by means of the change function. 5. Storage and accessibility of the contract text The contract text is stored by the vendor and can be transmitted to the customer by e-mail for free any time at his request. 6. Essential characteristics of the items The essential characteristics of the items offered and the validity period of time-limited offers are to be found in the respective product descriptions in the online shop. 7. Reservation Should the ordered item not be deliverable in due time or not be deliverable at all despite the prior conclusion of a respective purchasing contract of the vendor with his suppliers, the customer will be informed by the vendor immediately. In such a case of delay in delivery, the customer shall be at liberty to wait for the ordered item or to cancel the order or to withdraw from the contract, respectively. If delivery is impossible, both parties are entitled to withdraw from the contract. In this case, the customer will be refunded immediately for any considerations he may have already paid. 8. Commodity price The prices which are in effect at the time at which an order is placed are applicable. The vendor reserves the right to change the prices quoted in the online shop before conclusion of contract. For price changes after receipt of an order, the order confirmation by the vendor constitutes a modifying offer to contract conclusion, so that contract conclusion only comes into existence with a separate acceptance by the customer. 9. Costs for payment and dispatch Costs for payment and dispatch are charged in addition to the commodity prices stated as follows: Payment is made optionally in advance, cash or cash on delivery. For payment in advance/transfer, dispatch only takes place when the final amount of the order is credited to the vendor’s account. For dispatch by cash on delivery, the customer directly pays the shipping company and additional payment costs incur which are to be reconciled in the individual case. 10. Cancellation policy/cancellation right You have the right to cancel your contractual declaration/this contract without giving reasons within fourteen days. The cancellation period begins 14 days from the day on which you or a third person nominated by you, who is not the carrier, have/has taken the last products in possession. In order to exercise your cancellation right, you must inform us, Schmid Motorsport GmbH, Leonhard-Kluftinger-Straße 6, 87600 Kaufbeuren, Tel. +49(8341)995770, email@example.com, by means of an unambiguous statement (e.g. a letter sent by post or an e-mail), of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the cancellation right before the cancellation period has expired. Revocation consequences In the event of an effective revocation, the mutually received performances are to be returned, as are any possible benefits (e.g. benefits of use). If you cannot return the received performances completely or partially or only in deteriorated condition, you are obliged to pay compensation for lost value to that extent, if applicable. This does not apply for the surrender of goods if the deterioration of the item is exclusively due to its inspection – as would have been possible for you in a retail shop, for example. As for the rest, you can avoid the obligation to pay compensation for a deterioration of the item caused by the intended putting into use by not putting the item into use as if it were your property and by refraining from anything which impairs its value. Items which are consignable by parcel post are to be sent back. You must bear the costs for the return consignment. This period shall begin for you upon sending your cancellation notice or the item, and for us, upon its receipt. 11. Codes of conduct The vendor is not subject to any particular codes of conduct. 12. Warranty and guarantee conditions Concerning the warranty and guarantee conditions, we refer to the terms and conditions.