Terms & Conditions

 General Terms and Conditions
of TECHART Automobildesign GmbH

(Status: April 2021)

 

I. Scope of application

 

1. Our General Terms and Conditions shall apply to all offers and services made by TECHART, particularly including with respect to the sale and delivery of products, vehicle parts and vehicles, the installation of the vehicle parts, the conversion and modification of vehicles, vehicle repairs and maintenance, as well as all associated performances including consultancy and the garaging of vehicles.

 

2. Our General Terms and Conditions also govern contracts in electronic business transactions concluded exclusively via individual communications (e.g. email) pursuant to Sec. 312i (2) sent. 1 and Sec. 312j (5) sent. 1 German Civil Code (BGB).

 

3. Our General Terms and Conditions apply exclusively. Contrary or different terms and conditions of the purchaser or customer (hereinafter referred to as the “customer”), are only accepted by us if we have granted our express written consent to their application. Our General Terms and Conditions also apply if we perform without reservation in knowledge of the customer’s contrary or different terms and conditions.

 

4. Our General Terms and Conditions apply to consumers and business customers, unless a differentiation is made in the respective clause. A business customer within the meaning of these General Terms and Conditions includes legal entities under public law, special funds under public law, and business persons who enters into a contract while exercising their commercial or self-employed occupational activity (Sec. 14 BGB). A consumer is a natural person who conducts a legal transaction for a purpose that cannot be attributed to said person’s commercial or self-employed occupational activity (Sec. 13 BGB).

 

 

II. Offers and Conclusion of a contract

 

1. Our offers are non-binding and subject to change. The prices, information and technical data contained in catalogues, brochures, advertisements and price lists are also non-binding and shall only become part of the contract if we expressly refer to them in our offer or order confirmation. Information on consumption and emissions are average values provided for comparison purposes and do not relate to any specific vehicle. This information does not become part of an offer or contract either.

 

2. We reserve all property rights, copyrights and other rights to images, drawings and calculations as well as to all documents marked as “confidential”. Any disclosure to third parties is strictly subject to our express written consent.

 

3. Enquiries received from the customer over the phone, verbally, in written form, by fax or by email do not constitute an offer, but rather a request for an offer directed at our company. We will respond to these enquiries by preparing a written offer or order confirmation that sets out the scope and substance of our performances. Offers are accepted by the customer returning the signed offer letter or, in cases where no offer was prepared, by returning the signed order confirmation to us and making payment of the agreed deposit within 30 days; timely receipt is determined by the date the funds are received by us. A contract is not incepted if a previously agreed deposit is not paid. A contract is also not incepted if our offer or order confirmation is modified. If this is the case, we will prepare a new offer that is subject to the provisions stipulated above.

 

Contract with our Dealers shall be concluded by a dealer placing an order with us and our company accepting the order by issuing an order confirmation. In this case, the scope and substance of our performances shall result exclusively from the order confirmation.

 

4. For vehicles, we reserve the right of prior sale until the conclusion of the contract. Decisive for the conclusion of the contract is the receipt by us of the completely signed and not changed offer by the customer.

 

 

III. Delivery periods and delivery dates, collection dates

 

1. Unless they are expressly agreed as binding in writing, all delivery periods, delivery dates and collection (pick-up) dates are non-binding.

 

2. In the event that our performance of services requires the clarification of technical issues, permits or approvals or other acts of cooperation by the customer, the delivery and performance period shall not commence until all acts of cooperation have been performed in full. An agreed delivery or collection date shall be extended accordingly. If the provision of a vehicle is necessary for the performance of the service (e.g. in the case of the execution of refinement, assembly, repair and maintenance contracts), the performance period shall not begin before our order confirmation and only after the vehicle has been made available at our company headquarters.

 

3. If products are shipped, the date of their dispatch shall be deemed the date of delivery. In all other cases, the date on which the customer receives a notice of readiness for dispatch, delivery or pick-up shall be authoritative. If pick-up has been agreed, the customer shall pick-up the item within eight work days from the notified pick-up date. If a vehicle is not picked up by the specified pick-up date, we shall be authorised to charge a late / garaging fee in an amount of € 10.00 per day.

 

4. Delivery dates shall be extended by a reasonable amount of time in cases of force majeure or other serious events that were unforeseeable at the time of contract inception and are not attributable to our actions (e.g. operational disruptions of any kind, difficulties in the procurement of materials and energy, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, outbreak of pandemics or epidemics, war, acts of terrorism, difficulties in the procurement of necessary official permits, measures taken by public authorities) to the extent such impediments interfere with the completion or delivery of the contractual item. The above circumstances shall not be attributable to our actions if they occur while the customer is in default. This also applies if the aforementioned circumstances affect our upstream suppliers. If we expect that the contractual item cannot be delivered by the agreed delivery date or within the delivery period due to one or several of the aforementioned circumstances, we shall notify the customer and furnish information on the reasons for the delay as well as the expected new delivery date. We shall be authorised to rescind all part of the contract If the contractual item remains unavailable within the new delivery period; we shall then promptly refund payments already made by the customer. The customer is also authorised to rescind all part of the contract if the originally agreed delivery period is exceeded by more than three months. We shall be released from our obligation to make delivery if delivery or performance is rendered impossible or infeasible as a result of one or several of the aforementioned circumstances. The customer is excluded from claiming damages caused by an extended delivery period, rescission of contract on our part, or if we are released from our delivery obligation.

 

5. We shall be released from compliance with the delivery periods and dates as well as collection dates if the customer is in default of payment in whole or in part from previous orders or fails to fulfill its own contractual obligations. We shall also be released from compliance with any delivery and performance deadlines as well as collection dates if, in the event that advance payment or partial payment has been agreed, the customer fails to pay this in full within 7 days of conclusion of the contract. If payments are received too late, we will inform the customer of a new delivery or collection date after receipt of payment. If the payment is delayed by more than 14 days, we are further entitled to withdraw from the contract as of this date. The same applies in the case of partial payments.

 

6. We are entitled to make partial deliveries to a reasonable extent and to invoice these separately.

 

 

IV. Delay in delivery

 

1. If a non-binding delivery or collection date is exceeded by more than 4 weeks, the customer is entitled to request us to provide the service within 4 weeks. Delay shall occur upon receipt of the request by us. If a bindingly agreed delivery or collection date or a bindingly agreed delivery or completion deadline is exceeded, default shall occur as soon as the deadline or date is exceeded.

 

2. If the customer incurs damage due to a delay in delivery for which we are responsible, we shall compensate the damage provably incurred, but not more than 5 % of the net value of the goods or services of the delayed or missing delivery or service, unless we can be proven to have acted with intent or gross negligence. If the customer is a business within the meaning of clause I sec. 4, and unless we are accused of gross negligence or wilful intent, claims for damages in lieu of the contractually agreed performance are excluded.

 

3. We shall be released from all our performance obligations if the customer fails to perform the necessary cooperative actions, is in payment default, or has breached a material contractual obligation.

 

4. If we ourselves are not supplied for reasons for which we are not responsible, although we have placed orders with reliable suppliers that are congruent, we shall be released from our obligation to perform and may withdraw from the contract. We are obliged to inform the customer immediately about the non-availability of the service and will immediately refund any consideration already paid by the customer.

 

 

V. Provision, Registration and Export of Vehicles

 

1. The provisioning of vehicles for the performance of conversion, modification or service works is the sole responsibility of the customer. This also applies if the customer has instructed us to procure a vehicle for conversion or modification works on his behalf. We do not assume any responsibility for being unable to procure such a vehicle for reasons not attributable to us (e.g. in the case of an earlier sale to another purchaser, a rescission of contract by the vendor, failure to pay purchase prices, other delivery impediments, missing documents etc.).

 

2. If vehicles, to which conversion or modification works are to be performed, are not made available to us, we shall be entitled to withdraw from any contracts for customisation or conversion for this vehicle after expiry of a grace period set to the customer. In this case, we shall be entitled to demand lump-sum damages in the amount of 10% of the gross (tax-inclusive) order sum/the agreed gross (tax-inclusive) purchase price, unless we can prove higher costs. The customer reserves the right to prove lower or no costs.

 

3. If products or vehicles are intended for exportation from the EU, the exportation and registration requirements as well as associated costs shall be the customer’s responsibility.

 

4. We shall not bear any liability for delivery and performance delays caused by the customer. The resulting costs and expenses shall be borne by the customer.

 

 VI. Prices and Terms of Payment

 

1. Unless agreed otherwise, our prices for deliveries are “ex-works” and exclusive of packaging costs, freight, postage, insurance and delivery charges.

 

2. The prices for repairs, installations and conversions as well as other related services are generally based on the respective expenditure, whereby work services are invoiced according to the hourly rates applicable in each case.

 

3. Price information in brochures or catalogs are only binding if the brochures and catalogs are still valid at the time the order is placed and nothing to the contrary is stated in our order confirmation.

 

4. For business we quote net prices plus the applicable value added tax. Towards consumers we indicate gross prices.

 

5. All payments must be made in EUR plus VAT at the statutory rate. Unless agreed differently, packaging, shipment and freight costs will be charged separately. The tax-inclusive prices specified in our price list apply to consumers and private customers. Shipments to private customers and consumers are strictly subject to payment collection upon delivery or prepayment.

 

6. Unless otherwise agreed, our invoices shall be payable immediately. If advance payment or down payment has been agreed, this shall be made upon conclusion of the contract.

 

7. We shall be entitled to demand advance payment for all deliveries and services. If the customer is in default of payment or if we become aware of the risk of the customer's inability to pay, we shall be entitled to demand advance payment from the customer or to make the delivery dependent on the provision of a security. We shall have the right to withdraw from individual contracts already concluded if and insofar as the contractual partner fails to make the advance payment or provide security within a reasonable period of grace.

 

8. The customer may only set off claims against our claims if the customer's counterclaim is undisputed or has been finally determined by a court of law. The customer shall be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

 

9. In the event of default in payment, we shall be entitled to demand interest on arrears at the statutory rate. We are entitled to claim further damages caused by default.

 

10. In the context of the refund of the statutory value added tax in the case of export deliveries, we shall act in accordance with the provisions of customs and tax law. The refund shall only be made upon proof of proper export of the subject matter of the contract and to the extent provided for by law.

 

 

VII. Place of Performance, Transfer of Risk, Collection and Acceptance

 

1. Place of performance is at the place of our company’s registered office in 71229 Leonberg, Germany. The costs of a shipment shall be borne by the customer.

 

2. If the customer is a business, deliveries are made “ex-works” in accordance with Incoterms 2020. Goods will be shipped at the customer’s expense and risk. In accordance with Sec. 447 (1) BGB, the risk transfers to the customer upon us handing the goods over to the freight forwarder or a suitable transport person. If our own vehicles are used for transport, the risk shall transfer to the customer at the time the goods are loaded into our vehicle.

 

3. If we provide work services, such as the installation or fitting of vehicle parts, the refinement and modification of vehicles or the performance of repair work on vehicles provided, the customer is obliged to declare acceptance upon collection. The acceptance takes place by signing the exit protocol. If the customer does not pick up the vehicle within 2 weeks from the notified pick-up date, the acceptance shall be deemed granted. In addition, we are entitled to declare withdrawal from the contract from this point in time and to demand compensation for damages. We assert our legal and the agreed extended lien on the provided vehicle.

 

4. If the customer refuses to confirm acceptance of the goods sent to him, we shall no longer be obliged to resend the goods. In this case, we are entitled to set the customer a deadline of 2 weeks to collect the goods at our place of performance. If the customer does not collect the goods at the place of performance within the set period, we shall be entitled to declare our withdrawal from the contract and to claim damages. If collection has been agreed and the goods are not collected in due time, we are entitled to set the customer a deadline of 2 weeks to collect the goods at our place of performance. If the customer does not collect the goods at the place of performance within the set period, we shall be entitled to declare our withdrawal from the contract and to claim damages.

 

5. The damages to which we are entitled pursuant to clause IV shall amount to 15% of the gross (tax-inclusive) invoice amount in the case of vehicles and 20% of the gross (tax-inclusive) invoice amount in the case of parts and other services, without any obligation on ourselves to prove the amount of the damage incurred. The compensation shall be set higher or lower if we prove a higher damage or the customer proves a lower damage or no damage.

 

6. In addition, we shall be entitled to claim lump-sum storage or warehousing costs for the period of delay in the amount of 0.5% of the agreed purchase price per month or part thereof, but not more than 2% of the agreed purchase price. For vehicles, we charge parking costs in the amount of EUR 10.00 per day or part thereof. The amount is to be set higher or lower if we prove higher costs or the customer proves lower or no damage.

 

 

VIII. Product Monitoring and Information Obligations for Dealers

 

1. If the customer is a dealer he is obliged to verify whether the mandatory type approval identification (e.g. a plate) is affixed to our products with type approval.

 

2. As long as our products are in the dealer's sphere of responsibility the dealer must assure that the storage and transport of our products does not interfere with the legally required characteristics of the respective product.

 

3. In the context of market surveillance, the dealer is obliged under the German Product Safety Act and Regulation VO (EU) 2018/858 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ("TypengenehmigungsVO") to forward and make available to us its experience, findings and other information regarding the safety, susceptibility to faults and quality of our products.

 

 

IX. Warranty

 

1. If our performance is afflicted by a defect that was already existing at the time the risk transferred, we shall be entitled to render subsequent performance by way of subsequent improvement or substitute delivery of a defect-free contractual item. Customers who are consumers may choose between subsequent performance by way of subsequent improvement or substitute delivery. We shall be authorised to refuse the requested manner of subsequent performance if it would incur unreasonably high costs and a different manner of subsequent performance would not entail significant disadvantages for the consumer. In the case of business customers, we will render subsequent performance by way of subsequent improvement or substitute delivery at our discretion. The necessary expenses incurred for rendering subsequent performance, e.g. expenses for transport, tolls, labour and materials, will only be borne by us to the extent these expenses do not increase as a result of subsequently transporting a delivery item to a location other than the customer’s domicile, unless such transport would conform with the intended use. The customer shall grant us an adequate and sufficient grace period for subsequent performance.

 

2. If subsequent performance fails the customer may, at its sole discretion, demand a price reduction (reduction), rescind the contract (withdrawal), or claim compensation of damages in lieu of performance. If the customer claims compensation of damages in lieu of performance, the liability limitations pursuant to clause X. The customer’s right to rescind the contract is excluded in the case of only minor defects.

 

3. If we provide information or make statements regarding the official fuel consumption of vehicles and their specific CO2 emissions, such information refers to unmodified basic vehicle. Such information is not part of any offer or an agreement, but serves solely for the purposes of comparison between the individual vehicle types. We therefore do not extend any warranty for fuel consumptions and CO2 emission details. The oil consumption of high-performance engines may deviate by up to 30% from the values indicated by the vehicle manufacturer. Performance data given by us can differ in upward or downward direction depending on the tolerance of the series engine. We only commit to our stated performance increase with a tolerance of 5%, not final values.

 

4. We do not assume any guarantees other than those expressly agreed in writing.

 

5. Our warranty concerning modifications, repairs or works to used vehicles only extends to the parts that were replaced or subject of the modification/customisation, and only for restoring the functionality of the defective part.

 

6. Natural wear and tear as well as damages caused by wilful intent or negligent handling, e.g. driving with a low motor oil level, excessive revving of the engine, driving on unsuitable surfaces etc., do not constitute a defect and/or shall render our warranty obligations null and void.

 

7. Warranty works are exclusively carried out in our workshop or authorised partners nominated by us. Parts that are replaced will be shipped to us for inspection and shall transfer into our ownership. Subject to our written approval, smaller repairs may also be carried out by a different licensed motor vehicle workshop. Any parts that are replaced shall transfer into our ownership. The defective item must be shipped or handed over to us or the authorised partners nominated by us for inspection before the works are commenced.

 

8. If the customer is a consumer, he shall notify us of apparent defects within two weeks of their discovery. The customer’s warranty rights shall lapse If the notice of defects is not received within this period.

 

9. If the customer is a business, it is a precondition for the assertion of claims for defects that he has fulfilled his obligation to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). Defects shall be notified in writing without undue delay, at the latest within 5 working days after receipt of the delivery item at the place of destination or, if these were not recognizable during a proper inspection, within 5 working days after their discovery. A further prerequisite for the assertion of claims for defects is that the customer is not in default of payment.

 

10. For consumers, the warranty period is two years from delivery or acceptance. For business customers, the warranty period is one year. For consumers, the warranty period for used items is one year. The warranty for used items is excluded for business customers. The warranty exclusions and one-year warranty period do not apply in cases of gross negligence on our part, as well as in cases of injuries to the customer’s life, limb or health caused by our company. Our liability pursuant to the Product Liability Act shall remain unaffected thereof.

 

11. All warranty rights shall lapse in the case of defects caused by
12. a failure to carry out the maintenance works specified in the vehicle’s maintenance/service booklet, or improperly carried out works,
13. the requirements set out in the operating manual are not observed,
14. the vehicle is used for racing,
15. the vehicle is technically modified in a way that is not approved.

 

12. All warranty claims and our further liability are excluded if the installation of delivered parts is not carried out by a qualified workshop and in strict compliance with our installation instructions. We do not assume any liability for conversions or installations carried out by third parties. This does not apply to warranty works pursuant to the above clause 7.

 

 

X. Liability

 

1. We shall bear liability in accordance with the statutory provisions to the extent the customer claims compensation of damages or expenses resulting from wilful intent or gross negligence on the part of our company, its representatives or vicarious agents. To the extent we have not committed an intentional breach of contract, our liability for damages shall be limited to the foreseeable, typical damages.

 

2. We shall bear liability in accordance with the statutory provisions to the extent we culpably breach a material contractual obligation; our liability shall in this case be limited to the typical damages foreseeable at the time of contract conclusion.

 

3. For damages caused by delay and claims for damages in lieu of performance, clause IV, sec. 2 and 3 shall apply in addition.

 

4. Liability for negligent injury to life, body or health remains unaffected. This also applies to compulsory liability pursuant to the Product Liability Act.

 

5. Unless otherwise stipulated above or within our General Terms and Conditions, liability - regardless of the legal nature of the asserted claim - is excluded. This applies in particular to claims for damages due to culpa in contrahendo, due to other breaches of duty or due to tortious claims for compensation for property damage pursuant to § 823 BGB (German Civil Code).

 

6. We shall not be liable, within the scope of the provisions of sec. 1, for damages not incurred on the delivery item or the subject matter of the contract itself, such as loss of profit and other financial losses of the customer.

 

7. We do not assume any liability for conversions or installations carried out by third parties.

 

8. The personal liability of our representatives, vicarious agents and personnel for damages caused by slight negligence is excluded. In as far as our liability for damages is excluded or limited, the same applies with respect to the personal liability of the persons specified above.

 

 

XI. Retention of title

 

1. We retain title to the goods sold by us until the purchase price has been paid in full.

 

2. In the case of the exercise of the retention of title, as well as in the case of the retrieval of the goods, we make retrieval and utilization costs in a lump sum of 10% of the agreed purchase price, unless we prove higher costs. The customer reserves the right to prove lower costs or no costs at all.

 

3. The processing or transformation of the delivery item by the customer shall always be carried out for us. If the object of purchase is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other processed objects at the time of processing. If the delivery item is inseparably mixed with other items not belonging to us, we shall value the co-ownership of the new item in the ratio of the value of the delivery item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is regarded as the main item, the customer shall transfer ownership to us on a pro rata basis. The customer shall keep the resulting sole or co-ownership for us. In all other respects, the same shall apply to the new item created by processing, combining or mixing as to the goods subject to retention of title.

 

4. If the customer is a business, the following additional provisions shall apply:

 

1. The delivery item shall remain our property until full payment of all claims arising from the business relationship between us and the customer.

 

1. The customer shall be entitled to resell the delivery item in the ordinary course of business. He hereby assigns to us all claims in the amount of the final invoice amount (including the statutory value added tax) which accrue to him from the resale against his customers or third parties, irrespective of whether the delivery item has been resold without or after processing. The customer shall remain authorized to collect this claim even after assignment. Our right to collect the claim ourselves shall remain unaffected. We undertake not to collect the claim as long as the customer meets his payment obligations, is not in default of payment and, in particular, has not filed for insolvency proceedings or suspended payments. If we are entitled to collect the claim independently, the customer shall notify us of the assigned claims and their debtors and provide all information required for collection, including the associated documents. The customer shall be obliged to secure our rights in the event of resale of the delivery item on credit.

 

1. In the event that the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the delivery item. The taking back of the delivery item by us shall only constitute a withdrawal from the contract if we have expressly declared this in writing beforehand. After taking back the delivery item, we shall be entitled to dispose of it freely. The proceeds of the sale shall be credited against the customer's liabilities, including any existing claim for damages in lieu of performance - less the costs of retrieval and sale. The realization proceeds shall be determined according to the usual sales value of the object of purchase at the time of recovery.

 

5. We undertake to release the securities to which we are entitled at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

 

6. The customer is obliged to inform us immediately in writing in case of seizure or other interventions of third parties, so that we can file a suit according to § 771 ZPO (German Code of Civil Procedure). If the third party is not in a position to reimburse us for the justified judicial and extrajudicial costs arising from this action, the customer shall be liable for the loss incurred by us.

 

7. To the extent that the respective law in the area of which the delivery item is located does not permit a reservation of title, we shall be entitled to exercise all rights which we may otherwise reserve to the delivery item. The customer shall be obliged to cooperate in all measures which we wish to take to protect our title or in lieu thereof any other security interest in the delivery item.

 

8. Vehicle title, registration certificate or other documents serving as proof of ownership shall remain in our possession for the duration of the retention of title.

 

 

XII. Extended lien

 

1. We shall be entitled to a contractual lien over the items made available to us by the customer, particular including vehicles and documents, for the purpose of securing all outstanding claims from performances rendered by us. This also applies to other items the customer makes available to us or that transfer into our possession. To the extent they are related to the subject matter of contract, the contractual lien is also based on outstanding claims from other deliveries and performances.

 

2. We are also entitled to the statutory right of lien.

 

 

XIII. Removed parts from working on the vehicle and engine

 

Unless otherwise agreed, the customer shall be obligated to take over the original and used parts that has been removed and replaced by us during modifications and works on the the vehicle and/or engine (within a period of 4 weeks from completion at our place of business or at the site of an authorized contractual partner. If the customer does not accept the replaced original or used parts within this time period, we shall become owners of these parts. The customer’s claims are excluded in this case.

 

 

XIV. Technical acceptance, registration of modifications in the vehicle papers

 

Unless otherwise agreed in writing, the customer is responsible for the technical acceptance of vehicles or modifications, as well as for registration of the modifications in the vehicle papers. We do not assume any liability in this respect. Unless marked separately (e.g. “for racing/expert only”, “prohibited in areas where the German Traffic Code applies” etc.), the vehicle parts intended for registration in Germany have the necessary operating permit.

 

 

XV. Right of revocation for consumers in distance contracts

 

1. Customers who are consumers within the meaning of clause I sec. 4 of these General Terms and Conditions and conclude a contract for delivery of goods or services exclusively by means of distance communication (also called distance selling business pursuant to Section 312 c BGB), are generally entitled to a statutory right to revoke contracts concluded in this manner. Exemptions from the right to revocation are provided for in sec. 2 of this clause. A sample revocation notice can be found in sec. 3 of this clause.

 

Revocation Information   Right of revocation You have the right to cancel 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 or has taken possession of the goods.   In order to exercise your right of revocation, you must inform us (TECHART Automobildesign GmbH, Röntgenstr. 47, 71229 Leonberg, e-mail info@techart.de, fax 07152-9339-33) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.   In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.     Consequences of the revocation If you revoke this contract, we shall reimburse you all payments we have received for the product from you, excluding delivery costs, without undue delay and no later than within fourteen 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 or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.   End of the cancellation policy     End of withdrawal information

 

2. The right of revocation is excluded in the case of contracts for the delivery of non-pre-fabricated goods manufactured on the basis of an individual selection or determination by the consumer, or that are custom-made to the consumer’s personal preferences (e.g. contracts for the delivery of parts/products/tuning kits manufactured specifically to customer preferences). The premature expiry of revocation rights in the case of contracts for services (e.g. contracts for works, service contracts pursuant to Section 356 (4) BGB (German Civil Code) is provided for in the respective individual contract.

 

3. The following sample revocation form is provided in accordance with the statutory requirements:

 

 

Sample revocation notice   (Please return the completed notice to us if you wish to revoke the contract with our company.)   -         To [insert the company's name, address, fax number and email address]: -         I/we (*) hereby revoke the contract concluded for the purchase of the following goods/performance of the following service (*) -         Order placed on (*)/received on (*) -         Name of the consumer(s) -         Address of the consumer(s) -         Signature of the customer(s) (only required on paper-based notices) -         Date   (*) Please strike out if not applicable

 

 

XVI. Alternative dispute resolution

 

We are not required or willing to participate in alternative dispute resolution proceedings.

 

 

XVII. Applicable law, place of jurisdiction

 

1. The law the Federal Republic of Germany shall govern all contracts with our company and these are General Terms and Conditions under exclusion of the provisions of international private law and the United Nations Convention on the International Sale of Goods (CISG).

 

Customers who are consumers with habitual residence in a different country remain entitled to protection in accordance with the relevant legal provisions of their country of residence, which may not be derogated from by agreement.

 

2. If the customer is a legal entity under public law, a special fund under public law, or a business exercising its commercial or self-employed occupational activity at the time of contract conclusion, or if the customer does not have a general place jurisdiction within Germany, has relocated his place of residence or registered office of his business or habitual place of residence to a place outside of Germany, or if his place of registered office, residential address or habitual place of residence is unknown at the time legal action is commenced, the place of jurisdiction for all disputes shall be at the registered office of our company in 71229 Leonberg, Germany.

 

 

XVIII. Performances and Deliveries to foreign countries, contract language

 

1. The above General Terms and Conditions also govern performances and deliveries to foreign countries. The contracting partner expressly declares his acceptance of our General Terms and Conditions.

 

2. The contract language is German. The German version of these General Terms and Conditions is authoritative for the interpretation of the provisions stipulated in them.

 

 

                                                                                                                                                                                               status: 12/2020