General Terms and Conditions
1. scope of application
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their 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. The following shall apply to entrepreneurs: 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, correction possibilities
The sales contract is concluded with LIFE MOTORSPORT KG. By placing the products in the online store, we make a binding offer to conclude a contract for these articles. 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 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.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. delivery conditions
Shipping costs are added to the indicated product prices. We always ship by insured shipping, usually by freight forwarding. Taking into account economic interests, we always try to achieve the shortest delivery time for the customer. You can find out more about the shipping costs in the offers. In principle, you have the option of collection from LIFE MOTORSPORT KG, Haimendorfer Str. 55, 90571 Schwaig bei Nürnberg, Germany by arrangement of the collection time. We do not deliver to packing stations.
5. payment
In our store, the following payment methods are generally available: Klarna PayNow Credit Card
With the submission of the order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the goods have been shipped. Klarna PayNow direct debit
After a successful address and credit check during the ordering process, you issue a SEPA direct debit mandate to the online provider Klarna when placing the order. Klarna will inform you about the date of the account debit (so-called prenotification). Upon submission of the direct debit mandate, Klarna will request your bank to initiate the payment transaction. The payment transaction will be executed automatically and your account will be debited. The account will be debited after the goods have been shipped. For payment processing via Klarna - in addition to our terms and conditions - the terms and conditions and privacy policy of Klarna apply. You will receive further information in the order process. Immediately by klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited. Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here. Financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer installment purchase as a payment option. Please note that Klarna Installment Purchase is only available to consumers and that payment must be made to Klarna.
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). For more information on Klarna installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, please click here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
6. right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. We expressly reserve the right in certain cases, such as when an item is no longer available or delivery is massively delayed, to withdraw from the purchase contract and refund the customer his payment.
7. reservation of proprietary rights
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. 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.
8. transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company 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 the transport insurance. The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of half a year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within half a year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB 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, if agreed, or
- 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 online store.
10. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be 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, or
- 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, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
12. final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If a regulation of our AGB's should be recognized by a court as unlawful, a regulation is to apply which comes the will of this regulation in conformity with the law most near.
AGB created with rechtstexter.de.