TERMS & CONDITIONS AND RIGHT OF WITHDRAWAL
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (AHRT GmbH) via the website www.tmcmotorsport.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer, in the sense of the following provisions, is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is formed via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as a payment method, you will either be directed to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from the dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice).
- Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. Installment payment is due at the end of the month after a monthly invoice has been sent by Klarna. Further information on installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, can be found here (only available in the specified countries): Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account).
- Direct Debit: The debit will be made after the goods have been dispatched. You will be informed of the date by e-mail. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna during the purchase initiation and processing of the purchase contract for the purpose of address and credit assessment. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be treated by Klarna in accordance with applicable data protection regulations and as stated in Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
Further information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna App can be found here (https://www.klarna.com/de/klarna-app/).
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the forwarder of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are considered agreed as the quality of the item, but not other advertising, public promotions and statements of the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by repair or replacement. If the rectification of defects fails, you can, at your option, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, unless you are a consumer, but a merchant, legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to a court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
AHRT GmbH
Brohltalstr. 6
56651 Niederzissen
Germany
Phone: 026369649070
Email: info@tmcmotorsport.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Formation of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: 27.10.2020
Right of Withdrawal
Right of Withdrawal for Consumers
(A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.)
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within one month without giving any reason.
The withdrawal period is one month from the day,
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last piece, provided that you have ordered a good that is delivered in several partial shipments or pieces;
To exercise your right of withdrawal, you must inform us (AHRT GmbH, Ringener Str. 44, 53474 Bad Neuenahr-Ahrweiler, phone no.: 02641370820, fax no.: 026413708299, email address: info@tmcmotorsport.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
We may withhold reimbursement for goods that can be sent by parcel post until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We will pick up goods that cannot be sent by parcel post.
You must send back or hand over the goods that can be sent by parcel post to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the parcel postable goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Grounds for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can only be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery;
- for the supply of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
- To
AHRT GmbH
Brohltalstr. 6
56651 Niederzissen
Phone: +492636 9649070
Email address: info@tmcmotorsport.de :
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
- End of the instructions on withdrawal -