General Terms and Conditions

General Terms and Conditions

1. scope of application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

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

2. contracting party, conclusion of contract

The contract of sale is concluded with Xtrig Racing Technology GmbH.

By placing the products in the online store, 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 submitting your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

A binding contract can also be concluded beforehand as follows:

• If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
• If you have chosen the payment method SOFORT Überweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT GmbH.

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

We save the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.

3. delivery conditions
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.

In principle, you have the option of collection from Xtrig Racing Technology GmbH, Gröben 1b, 83367 Petting, Germany during the following business hours: Monday to Friday 08:00 to 16:00.

We do not deliver to packing stations.

4. payment
The following payment methods are available in our store:

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

Credit card
Your credit card will be charged at the time we ship the goods to you.

Direct debit
The purchase price will be debited from your account at the time we ship the goods to you.

Paypal
You pay the invoice amount via the online provider Paypal. You must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.

SOFORT bank transfer
We also offer SOFORT bank transfer. In this case we receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Via the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT Überweisung automatically places a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose the payment method SOFORT Überweisung, a pre-filled form will open at the end of the order process. This form already contains our bank details. In addition, the form already shows the transfer amount and the reason for payment. You must now select the country where you have your online banking account and enter the bank code. Then enter the same data as you did when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive confirmation of the transaction. Basically every internet user can use SOFORT Überweisung as a payment method, if he has an activated online banking account with PIN/TAN procedure. Please note that SOFORT Überweisung is not yet available at a few banks. You can get more information if your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/.

5. reservation of proprietary rights

The goods remain our property until full payment.

For entrepreneurs, the following applies in addition: We retain title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

6. transport damages

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.

7. Warranty and guarantees

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

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

For entrepreneurs, the limitation period for defect claims shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, as far as agreed upon
• insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the store.

8. Liability

For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, insofar as agreed
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

9. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense 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.

Terms and conditions created free of charge with Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.