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Terms and Conditions
 
General Terms and Conditions with information for customers

1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Prices and terms of payment
5. Terms of delivery and dispatch
6. Retention of title
7. Liability for defects
8. Release from liability in case of violation of third party rights
9. Applicable law
10. Place of jurisdiction
11. Information on online settlement of disputes

1. Scope of application

1.1. These Terms and Conditions of "Risse Motorsport GmbH" (subsequently called „seller“) are valid for all contracts that a consumer or entrepreneur (subsequently called „customer“) concludes with the seller concerning the goods that he listed in the online shop. Differring conditions of the customer are thus not accepted, unless some other condition has been stipulated.

1.2. As defined by these Terms and Conditions, a consumer is any natural person that concludes a legal transaction for purposes that can neither be predominantly attributed to his/her commercial nor his/her self-imployed professional activity.

1.3. As defined by these Terms and Conditions, an entrepreneur is a natural or legal person or a business partnership vested with legal capacity that acts in the course of its commercial or self-employed professional activity when a legal transaction is concluded.

2. Conclusion of contract

2.1. The products displayed in the online shop of the seller are non-binding offers; by ordering them the customer submits a binding offer.

2.2. The customer can submit his offer through the online order form integrated into the online shop of the seller. Having put the chosen goods into the virtual shopping basket and having got through the electronical order process, the customer submits a legally binding offer of contract concerning the goods in the shopping basket by clicking the button that finishes the order process. Moreover, the customer can submit the offer also by phone, fax, e-mail or mail.

2.3. The seller can accept the offer of the customer within five days

- by sending the customer a confirmation of order in written or text form (fax or e-mail), whereby the receipt of the confirmation of order by the customer is relevant, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is relevant, or

- by requesting the customer to pay after having received his order.

If several of the above named alternatives apply, the contract is concluded as soon as one of these alternatives comes into effect. The period for the acceptance of the offer begins on the day the offer is dispatched by the customer and closes at the end of the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the above named period this is to be regarded as refusal of the offer; thus the customer is no longer bound to his declaration of intent.

2.4. When an offer is submitted through the online order form of the seller the wording of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after having dispatched the order, in combination with the present Terms and Conditions. Additionally the wording of the contract is filed on the internet site of the seller and can be downloaded for free by the customer through a password protected customer account stating the corresponding login data, provided that the customer opened a customer account in the online shop of the seller before dispatching his order.

2.5. Before submitting a binding order through the online order form of the seller the customer can correct potential entry errors by reading attentively the information shown on the display. An effective technical instrument for a better detection of entry errors can be the magnification function of the browser which enlarges what is shown on the display. The customer can correct his entries with the usual keyboard and mouse functions at any time before his submitting a binding order. Moreover, before a binding order is issued all entries are shown again in a confirmation window and can be corrected there with the usual keyboard and mouse functions.

2.6. For the conclusion of a contract only the German language is allowed.

2.7. Order processing and contacts between seller and customer are usually carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address he indicated for order processing is correct so that he can receive e-mails from the seller. Especially when the customer uses spam filters he has to ensure that all e-mails sent by the seller or a third person authorised by the seller with order processing can be delivered.

3. Right of revocation

3.1. All consumers basically are entitled to revoke a contract.

3.2. More information on the right of revocation are shown in the instructions for revocation of the seller.

4. Prices and terms of payment

4.1. If the product description of the seller does not show otherwise, the stated prices are total prices that include the legal value-added tax. Where applicable, delivery and shipping costs are stated separately in the respective product description.

4.2. For sales to countries outside the European Union further costs may incur for which the seller is not responsible and which have to be borne by the customer. Among these costs may be for example transaction costs of commercial banks (e.g. transfer and exchange rate charges) or import duties resp. taxes (e.g. customs duties). Costs for money transfers can also incur when the delivery does not take place outside the European Union but the customer effects payment from a country outside the European Union.

4.3. The customer has several payment options that are named in the online shop of the seller.

4.4. If prepayment by bank transfer is agreed the payment has to be effected immediately after conclusion of the contract, provided that the contractual partners have not agreed otherwise.

4.5. If „PayPal“ is chosen as payment method the payment transaction is carried out by the payments provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This implies amongst others that the customer opens a PayPal account resp. that he already has such an account.

5. Terms of delivery and dispatch

5.1. The delivery of goods usually takes place by dispatch to the delivery address named by the customer. For the handling of the transaction the delivery address shown to the seller during the purchase process is relevant. Deviant from this, when the customer choses PayPal as payment method, the delivery address deposited by him at PayPal at the time when he effected the PayPal payment is relevant.

5.2. If a transport company returns the dispatched goods to the seller because it could not be delivered to the customer, the customer has to bear the costs for the unsuccessful transport. This does not apply when he is not responsible for the circumstances that led to the impossibility of delivery or when he was temporarily prevented from accepting the offered performance, unless the seller had announced the performance some reasonable time before.

5.3. When the customer has chosen self-collection the seller firstly informs him by e-mail that the ordered goods are ready for collection. Having received this e-mail the customer can collect the goods at the seller’s place of business upon agreement. In this case no shipping costs are charged.

6. Retention of title

If the seller provides any goods or services in advance, he retains the title of the delivered goods until the entire purchase price has been paid.

7. Liability for defects

7.1. If the sales item is defective the regulations concerning the legal liability for defects come into effect.

- Deviant from this, the period of limitation to claim damages for used goods is one year from the time at which the goods were delivered to the customer. However, a reduction of the period of limitation to one year is not allowed

- for items that have been used for a structure and caused its defectiveness, according to their usual intended purpose,

- for defects resulting from damages to life, body or health which are caused by a deliberate or negligent breach of duty by the seller or a legal agent or assistant of the seller,

- for other defects that are caused by a deliberate or negligent breach of duty by a legal agent or assistant of the user, and

- in the case that the seller has fraudulently concealed the defect.

7.2. The customer is requested to claim delivered goods with obvious transport damages with the deliverer and to inform the seller thereof. If the customer does not comply with this, his legal or contractual right to complaint is still in effect.

8. Release from liability in case of violation of third party rights

If the seller owes the customer according to the terms of the contract not only the delivery of the goods but also the manufacture of the goods according to determined specifications of the customer, the latter has to ensure that the contents delivered to the seller for the purpose of manufacturing do not violate third party rights (e.g. copyrights or trademark rights). The customer releases the seller from claims of third parties that these may present to him in connection with a violation of their rights through the use of the customer’s contents by the seller, as provided in the contract. The customer also bears all reasonable costs as required by law for the necessary legal defense including all court and lawyer fees. This does not apply when the customer is not to be blamed for the violation of rights. In the case of claims by third parties the customer has to provide the seller promptly and truthfully with all information that is necessary for the examination of the claims and for the defense.

9. Applicable law

9.1 For any legal relations between the parties involved the law of the Federal Republic of Germany applies, excluding all laws that relate to the international purchase of movable goods. For consumers this legal provision does not apply if the state where the consumer has its main residence withdraws its protection because of binding national legal provisions.

10. Place of jurisdiction

If the customer acts as a merchant, a corporate body or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes resulting from this contract is the business location of the seller. If the customer is based outside of the territory of the Federal Republic of Germany the business location of the seller is the sole place of jurisdiction for all disputes resulting from this contract, provided that the contract or claims resulting from it can be attributed to the professional or commercial activity of the customer. However, the seller is in any of the above-mentioned cases entitled to appeal to the court at the customer’s place of residence.

11. Information on online settlement of disputes

The EU Commision provides in the internet a platform for the online settlement of disputes under the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the extrajudicial settlement of disputes resulting from online purchase or service contracts that involve consumers.

We are neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board.


Consumers have the right of revocation as stipulated below; a consumer is any natural person that concludes a legal transaction for purposes that can neither be predominantly attributed to his/her commercial nor his/her self-imployed professional activity.

Instructions for revocation

Right of revocation

You are entitled to revoke this contract within 14 days without giving reasons.

The revocation period begins on the day that you or a third person named by you who is not the carrier has taken possession of the last goods and lasts 14 days.

To excercise your right of revocation you have to inform us (Risse Motorsport GmbH, Springstraße 2, 59494 Soest, Germany, Tel: +(0)2921/62156, Fax: +(0)2921/65646, e-mail: info@risse-motorsport.de) through an explicit statement (e.g. a posted letter, telefax or e-mail) about your decision to revoke this contract. You may use the attached specimen withdrawal but it’s not compulsory.

To comply with the revocation period it is sufficient that you send out the statement on the exercise of the right of revocation before the revocation term has expired.

Consequences of revocation

If you revoke this contract we have to refund all payments that we received from you including the delivery expenses (except additional costs that result from your having chosen a costlier method of delivery than the standard low-priced method we offered) promptly and within 14 days at the latest from the day that we received your statement on the revocation of this contract. For this refund we use the same means of payment that you employed for the original transaction, unless otherwise expressly agreed; on no account will you have to pay expenses for this refund. We can refuse to refund until we have received the returned goods or until you have proved that you returned the goods, whichever occurs first.

You have to return the goods or hand them over to us immediately and in any case within 14 days at the latest from the day that you have notified us on the revocation of this contract. The revocation period is complied with when you send out the goods before the 14 days term expires. You bear the immediate costs for the return of the goods. The immediate return costs of goods that due to their special nature cannot be returned as a normal postal package (cargo) are estimated at about 69.00 Euro at most.

You only have to pay for a possible loss in goods value if this loss of value can be attributed to testing of quality, characteristics and functionality of the goods other than necessary.

Exclusion resp. premature expiration of the right of revocation:

The right of revocation does not apply for contracts

- on the delivery of goods that are not prefabricated and for whose production an individual choice or specification by the customer is required or that are specially tailored to the personal needs of the consumer;

- on the delivery of goods whose price depends on fluctuations on the financial market, on which the contractor does not have any influence and that can occur within the period of revocation

Specimen revocation form

(If you want to revoke the contract please fill in this form and return it.)

-To Risse Motorsport GmbH, Springstraße 2, 59494 Soest, Germany, fax: +(0)2921/65646, e-mail: info@risse-motorsport.de

-Hereby I/we (*) revoke the contract concluded by me/us (*) on the sale of the following goods (*)/ the provision of the following service (*)



-Ordered on (*) /received on (*)


-Name of customer(s)

-Address of customer(s)

-Signature of customer(s) (only if revocation is made in written form)

-Date


(*) Delete where inapplicable

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