AGB

General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with rally parts & more.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

A binding contract can also be concluded beforehand as follows:

  • If you have chosen the PayPal payment method, the contract is concluded at the time you confirm the payment instruction to PayPal.

The languages ​​available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our terms and conditions by email. You can view and download the terms and conditions at any time here on this page. You can view your past orders in our customer login.

3. Delivery conditions
In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.

In principle, you have the option of picking up at racestore.at, Schönau 9, 6343 Erl, Austria during the following business hours: by appointment.

4. Payment
The following payment methods are available in our shop:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

Paypal
You pay the invoice amount via the online provider PayPal. As a matter of principle, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. You’ll get more information during the ordering process.

Payment on pickup
You can pay for your goods in cash or by card when you collect them.

5. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

6. Retention of title

The goods remain our property until full payment.

For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice – regardless of a connection or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The duty to inspect and give notice of defects, which is regulated in Section 377 of the German Commercial Code, applies to merchants If you omit the notification regulated there, the goods are deemed to have been approved unless there is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.

8. Warranties and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects applies.

For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

Towards entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, count as an agreement on the quality of the goods; We accept no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide our entrepreneurs with a choice of remedying the defect (rectification) or delivering a defect-free item (replacement delivery).

The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of willful or grossly negligent breach of duty and malice
  • in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed
  • as far as the scope of the product liability law is opened.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.

 

9. liability

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of willful or grossly negligent breach of duty
  • in the case of a guarantee promise, if agreed
  • as far as the scope of the product liability law is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is the damage foreseeable at the time the contract was concluded limited, the emergence of which must typically be expected.

In addition, claims for damages are excluded.

10. Online dispute resolution
Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

11. Final provisions

If you are an entrepreneur, then German law applies to the exclusion of UN sales law.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.