General Terms and Conditions & Customer Information
As of: June 2023
Table of Contents:
A. General Terms and Conditions
1. Scope, definitions
2. Conclusion of Contract
3. Availability of goods
4. Retention of Title
5. Prices and shipping costs
6. payment arrangements
7. Warranty for material defects, used parts, guarantee
8. Liability
9. Withdrawal
10. Notes on data processing
11. Storage Fees
12. Note on eligibility for registration
13. Accuracy of fit “Plug & Drive”
14. Check for damage to the delivered goods
15. Import duties for deliveries to third countries (outside the EU)
16. Final provisions. Severability clause
B. Customer information
1. Information about the identity of the seller
2. Information about the essential characteristics of the product or service
3. Information about the conclusion of the contract
4. Payment and delivery information
5. Information on storing the contract text
6. Information about the languages available for concluding the contract
A. General Terms and Conditions
§ 1 Scope, Definitions
(1) The following general terms and conditions apply exclusively to the business relationship between MOTORSPORT24 and the customer in the version valid at the time of the order. Any deviating conditions of the purchaser are hereby expressly contradicted, unless MOTORSPORT24 expressly agrees to their validity.
(2) The customer is a consumer if the purpose of the required deliveries and services cannot be attributed to his commercial or independent professional activity. The customer is an entrepreneur if he is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer sends MOTORSPORT24 a message using the contact options mentioned, including the desired items and the delivery address.
(2) MOTORSPORT24 will then send the customer a binding offer including all costs in written form (by email or fax).
(3) The customer confirms the offer in written form (by email or fax).
(4) MOTORSPORT24 then sends the customer an invoice. The contract is concluded upon receipt of this invoice.
§ 3 Availability of goods
When the offer is sent, the expected delivery time will be communicated.
§ 4 Retention of title
The delivered goods remain the property of MOTORSPORT24 until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the “MOTORSPORT24.de” website include the applicable statutory sales tax. Unless the prices are expressly declared as net prices, excluding statutory sales tax.
(2) The shipping costs are requested individually by MOTORSPORT24 from various transport companies/forwarding companies and are bindingly communicated in the written offer. The shipping costs offered are valid for a maximum of two weeks and must then be requested again.
(3) Shipping takes place via UPS, DPD or a carrier of MOTORSPORT24’s choice.
(4) The shipping costs for an express delivery must be agreed separately.
(5) In the case of self-collection, shipping costs are waived, although the possibility of self-collection also requires an individual agreement.
§ 6 payment modalities
(1) The customer can only make payment in advance unless the parties agree on another payment method.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he must pay MOTORSPORT24 default interest at the statutory rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, used parts, guarantee
(1) MOTORSPORT24 is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.
(2) When purchasing used parts with street approval, the warranty period is only one year, contrary to the legal regulations.
(3) A guarantee only exists for the goods delivered by MOTORSPORT24 if this was expressly stated in the order confirmation.
(4) For orders by entrepreneurs within the meaning of Section 1 Paragraph 2 of these provisions, the warranty period is one year.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations, the so-called cardinal obligations, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by MOTORSPORT24, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, in particular the obligation to deliver the purchased item free of defects within the agreed deadlines.
(2) In the event of a breach of essential contractual obligations, MOTORSPORT24 is only liable for the foreseeable damage that is typical for the contract if this was caused simply by negligence, unless it concerns claims for damages from the customer due to injury to life, body or health. Essential contractual obligations are, in particular, the obligations to deliver the purchased item free of defects and on time.
(3) The restrictions in paragraphs 1 and 2 also apply in favor of MOTORSPORT24's vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Withdrawal
(1) Right of withdrawal for end consumers
Private buyers (end consumers) can revoke their contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) [or - if the item is left to you before the deadline - by returning the item]. The period begins upon receipt of this information in text form. To meet the cancellation deadline, it is sufficient to send the cancellation [or the item] in a timely manner. The revocation must be sent to:
MOTORSPORT24 GmbH
Sharp Lanke 109-131
D-Berlin 13595
Email: info@motorsport24.de
Fax: + 49 (0) 30 69201409 9-
Consequences of cancellation
In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you cannot return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. [This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as would have been possible in a store. Furthermore, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as your own property and refraining from anything that would impair its value. If the customer has a right of withdrawal, the regular costs of return will be charged to him when exercising the right of withdrawal if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer requires consideration or a partial payment at the time of the cancellation, unless the delivered goods do not correspond to those ordered. In all other cases, the seller bears the return shipping costs. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice [or the item] and for us when it is received.
The stated right of withdrawal only applies to: street legal accessories. Racing parts (accessories that are not street legal) are excluded from the right of withdrawal.
(2) Right of withdrawal for entrepreneurs
If the buyer acts in a commercial sense or if the buyer is an entrepreneur (e.g. a natural or legal person, a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, etc.), the exchange is excluded. A return can be agreed on a case-by-case basis as a gesture of goodwill. In this case, 25% of the value of the goods will be deducted as compensation for expenses.
§ 10 Notes on data processing
(1) MOTORSPORT24 collects customer data as part of the processing of contracts. MOTORSPORT24 observes the regulations of the Federal Data Protection Act and the Teleservices Data Protection Act. Without the customer's consent, MOTORSPORT24 will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of the teleservices.
(2) Without the customer's consent, MOTORSPORT24 will not use the customer's data for advertising, market or opinion research purposes.
§ 11 Storage fees
If the goods are in stock ready for dispatch and the customer prevents delivery upon request by MOTORSPORT24 (e.g. by not paying the invoice amount due), the customer will be charged storage fees of EUR 10 plus 19% VAT per day.
§ 12 Note on eligibility for registration
The parts offered on MOTORSPORT24 are exclusively suitable for use in motorsports and are generally delivered without a special report, which is required to enter the corresponding part in the vehicle registration document. If a part is registrable, this will be specifically noted. Claims to register a part of the vehicle are excluded.
§ 13 Accuracy of fit “Plug & Drive”
Items marked “Plug & Drive” or “Plug & Play” can be installed and used on the vehicle without further modifications. This refers to vehicles in series condition. Modifications to the vehicle may limit the “Plug & Drive” capability of our racing part.
§ 14 Checking for damage to the delivered goods
The goods must be checked immediately for visible damage by the shipping company upon delivery. If visible damage is evident, this must be documented in writing on the courier's confirmation of acceptance. In any case, the delivered goods should be photographed from all sides before they are unpacked.
§ 15 Import duties for deliveries to third countries (outside the EU)
Deliveries to third countries (outside the EU) are always “DAP” (Incoterm: Delivered At Place). This means that MOTORSPORT24 covers the costs until delivery to the recipient. The import duties are borne by the buyer. The buyer needs a customs agency to process import customs clearance. The contact details of the customs agency must be provided to the transport company by the buyer. If there are delays, storage fees may apply, which must be borne by the buyer.
§ 16 Final provisions, severability clause
The law of the Federal Republic of Germany applies to contracts between MOTORSPORT24 and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and MOTORSPORT24 is the registered office of MOTORSPORT24.
If individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after the contract has been concluded, this will not affect the validity of the rest of the contract. The invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. The above provisions therefore apply accordingly in the event that the contract turns out to be incomplete.
B. Customer information
§ 1. Information about the identity of the seller
MOTORSPORT24 GmbH
Sharp Lanke 109-131
D-Berlin 13595
Tel .: +49 (0) 30 69201409-0
Fax: +49 (0)30 69201409-9
Email: info@motorsport24.de
Sales tax identification number according to § 27 a sales tax law: DE 356992287
§ 2. Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services can be found in the respective description provided by the seller.
§ 3. Information on the conclusion of the contract
The contract is concluded in accordance with Section 2 of the Seller's General Terms and Conditions (see above).
§ 4. Information on payment and delivery
Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the Seller's General Terms and Conditions (see above).
§ 5. Information on the storage of the contract text
The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions and customer information. In addition, the contract text is archived on the seller's website and can be viewed by the customer and downloaded as a PDF file.
§ 6. Information about the languages available for concluding the contract
Only the German language is available for the conclusion of the contract.
To download the General Terms and Conditions as a PDF file, please click on the following link: MOTORSPORT24 Terms and Conditions