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Therms and Conditions

GENERAL TERMS AND CONDITIONS OF

 

www.temotorsport.de

 

 

Welcome to TE Motorsport!

 

 

 

The articles offered by TE Motorsport are motorsport articles, which are not approved according to the StVZO.

 

 

§ 1 Area of application and supplier

 

(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by TE Motorsport (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.

 

(2) Any deviating terms and conditions of the purchaser will be rejected.

 

(3) Please read these Terms carefully before placing an order with TE Motorsport. By placing an order with TE Motorsport, you agree to the application of these Terms of Sale to your order.

 

(4) On TE Motorsport we offer for sale the following products:

 

Motorsport parts for Mercedes M103/104 engines, custom made motorsport parts.

 

 

§ 2 Conclusion of the contract

 

(1) Contracts on this portal can only be concluded in German language.

 

(2) The offers are directed exclusively to end customers with an invoice and delivery address in:

 

worldwide.

 

In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.

 

(3) The customer must be at least 18 years old.

 

(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.

 

(5) Your order represents an offer to TE Motorsport to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button "order with costs" in the last ordering step.

 

(6) The purchase contract between the Provider and the Customer shall only be concluded upon a declaration of acceptance by the Provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

 

(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of products ordered within the scope of one order and to the placement of several orders of the same product, where the individual orders comprise a quantity customary in the household.

 

(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.

 

(9) You agree to receive invoices electronically. Electronic invoices will be provided to you by email or in the customer account on the website. We will notify you whether an electronic invoice is available for each shipment in the shipping confirmation. For more information about electronic invoices, please visit our website.

 

 

§ 3 Prices and shipping costs

 

(1) Our prices include the German VAT in the amount of 19%, and are without shipping costs or shipping surcharge. The shipping surcharges vary depending on the type of delivery and article condition.

 

(2) Despite our best efforts, a small number of products in our catalog may be marked with the wrong price. We check prices when we process your order and before we charge payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and ship the Product to you.

 

(3) The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.

 

(4) In the case of shipment to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred in connection with your order, which will not be paid by us or invoiced by us, but must be paid by you directly to the competent customs or tax authorities. For details, please contact the respective competent authorities.

 

§ 4 Delivery and Cancellation

 

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer. On the Website you will find information on the availability of products sold by TE Motorsport (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.

 

(2) If TE Motorsport discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the customer remain unaffected.

 

(3) If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address provided by him, although the delivery date was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.

 

(4) Delivery shall be made according to the Customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.

 

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with regard to each shipping confirmation, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation. The contractual partner is TE Motorsport. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time prior to the sending of the associated shipping confirmation.

 

 

§ 5 Customs

 

(1) If you order products from TE Motorsport for delivery outside the European Union, you may be subject to import duties and taxes, which will be levied once the package reaches the designated destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.

 

(2) Furthermore, please note that when you place orders with TE Motorsport, you are considered an importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.

 

 

§ 6 Payment

 

(1) The customer can pay for the goods by the following methods of payment:

 

Bank transfer,Paypal

 

(2) Certain payment methods can be excluded by the supplier in individual cases.

 

(3) The customer is not allowed to pay for the goods by sending cash or checks.

 

(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

 

(5) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.

 

(6) If the Provider offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Provider to collect the amounts due after shipment of partial deliveries or deliveries of goods.

 

(7) If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.

 

(8) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to settle the invoice amount within 14 days of the dispatch of the goods without any deduction of discount.

 

(9) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.

§ 7 Offsetting and right of retention

 

(1) The Customer shall only have the right of set-off if the Customer's counterclaim has been legally established or has not been disputed by the Supplier.

 

(2) The customer may exercise a right of retention only if your counterclaim is based on the same contractual relationship.

 

 

§ 8 Retention of title

 

TE Motorsport reserves the right of ownership of the goods until full payment has been made.

 

 

§ 9 Damages in transit

 

(1) If the customer receives the goods with obvious transport damages, the supplier will ask him to claim them as soon as possible.

 

(2) If the customer fails to make a complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.

 

 

§ 10 Right of Defect

 

(1) If the Purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may request repair or replacement of products purchased on TE Motorsport if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.

 

(2) In the case of used goods, the warranty period may be shorter than two years.

 

(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.

 

(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.

 

(5) Motorsport parts are excluded from any warranty.

 

 

 

 

§ 11 Limitation of liability (products)

 

(1) The Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence.

 

(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.

 

(3) The provider is liable for breaches of essential contractual obligations based on contract-typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Customer based on injury to life, body or health.

 

(4) The provisions of the Product Liability Act shall remain unaffected.

 

(5) As far as the liability of TE Motorsport is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

(6) TE Motorsport points out that the assembly of the offered products may only be carried out by trained specialist personnel. If the customer violates this, TE Motorsport does not assume any liability.

(7) TE Motorsport assumes no liability for occurring damages to the vehicle/engine due to overuse or incorrect tuning.

 

 

§ 12 Cancellation policy

 

(1) If the purchaser is a consumer, he has a right of revocation in accordance with the following provisions:

 

(2) Right of revocation

 

You have the right to revoke this contract within fourteen days without giving any reason.

 

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) without giving reasons.

 

In order to exercise your right of withdrawal, you must notify us:

 

TE Motorsport

 

Tim Enderer

Lehrstraße 38

78628 Rottweil

 

e-mail: info@temotorsport.de

 

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.

 

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period and that you have returned the goods via our online return center within the period defined below.

 

For additional information regarding the scope, content and explanations of the exercise, please contact our customer service.

 

(3) Consequences of the revocation

 

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

 

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract to

 

TE Motorsport

 

Tim Enderer

Lehrstraße 38

78628 Rottweil

 

e-mail: info@temotorsport.de

 

to return or hand over the goods. The deadline is met if you send the goods before the deadline of 14 days. You shall bear the direct costs of returning the goods.

 

(4) Exceptions to the right of withdrawal

 

You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

 

The right of withdrawal does not exist or expires for the following contracts:

 

    for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs

 

    for services, if TE Motorsport has provided them completely and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;

 

 

§ 13 Exclusion of the right of withdrawal

 

(1) The right of revocation shall not apply to contracts

 

    for the delivery 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 delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

 

 

§ 14 Data protection

 

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

 

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.

 

(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.

 

(4) You have the right at any time to obtain from TE Motorsport complete and free information about the data concerning you.

 

(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.

 

(6) Further information on data protection can be found in the separate data protection declaration.

 

§ 15 Cookies

 

(1) We may use cookies to display the product offer. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.

 

(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

 

(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.

 

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).

 

(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.

 

(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.

 

 

§ 16 Place of jurisdiction and applicable law

 

(1) The law of the Federal Republic of Germany shall apply exclusively to disagreements and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the Provider.

 

 

§ 17 Final Provisions

 

(1) Contract language is German.

 

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use TE Motorsport only with the involvement of a parent or guardian.

 

(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

 

(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions at any time. Your order will be governed by the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.

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