General Terms and Conditions (GTC) for the
(RACE-FACTOR) Christoph Baranowski
Proprietor: Christoph Baranowski
Wolfgang Borchert road 9
40595 Düsseldorf, Germany
Phone:+49 0211 13060721
Fax: +49 0211 13060722
Sales tax identification no. : DE273225347
Tax number 106/5013/2056
§ 1 General - Scope of application
1 The terms and conditions apply to all present and future business relations.
2. consumers in the sense of these terms and conditions are natural persons with whom a business relationship is entered into without any commercial or self-employed professional activity being attributable to them. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or self-employed professional activity. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
§ 2 Conclusion of contract
1. 1. Our offers are subject to confirmation. Technical changes as well as changes in form, colour and/or weight are reserved within reasonable limits.
If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
If the consumer orders the goods electronically, the text of the contract shall be stored by us and sent to the customer by e-mail together with these General Terms and Conditions on request.
§ 3 Retention of title
In the case of contracts with consumers, we reserve title to the goods until full payment of the purchase price. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.
2 The customer is obliged to inform us immediately of any third party access to the goods, for example in the event of attachment, as well as any damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or any change in his own place of residence.
We are entitled to withdraw from the contract and to demand the return of the goods in the event of a breach of contract on the part of the customer, in particular in the event of default in payment or breach of an obligation pursuant to clause 2 of this provision.
The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount which accrue to him against a third party through the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claims ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
§ 4 Right of revocation and return for distance contracts
The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks after receipt of the goods. The revocation does not have to contain a reason and must be declared to the seller in writing or by returning the goods; timely dispatch is sufficient to meet the deadline.
2. the consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may examine the goods carefully and carefully. The consumer shall bear the loss in value resulting from the use that goes beyond mere testing, which means that the goods can no longer be sold as "new".
§ 5 Transfer of risk
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of mail order purchase upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item, even in the case of mail order purchase, shall not pass to the buyer until the item is handed over. If the buyer is in default of acceptance, it is immediately apparent to the handover.
§ 6 Warranty
If the purchaser is an entrepreneur, we shall initially provide a warranty for defects in the goods by repair or replacement, at our discretion.
If the buyer is a consumer, he has the first choice "whether the subsequent performance is to take place by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance is without significant disadvantages for the consumer.
If the subsequent performance fails, the customer may, at his option, either demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). In the event of a minor breach of contract, in particular in the event of minor defects, the customer shall not, however, be entitled to withdraw from the contract.
Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect lies with the entrepreneur. Consumers must inform us in writing of obvious defects within a period of two months after the time at which the non-conforming condition of the goods was determined. The receipt of the information by us shall be decisive for compliance with the deadline. If the consumer fails to provide this information, the warranty rights expire two months after his discovery of the defect. This does not apply in the event of fraudulent intent on the part of the seller. The burden of proof for the time of detection of the defect lies with the consumer. If the consumer has been induced to purchase the goods by inaccurate statements by the manufacturer, his decision to purchase shall bear the burden of proof.
5.The warranty period for entrepreneurs is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. This does not apply if the customer has not notified us of the defect in time (clause 4 of this provision).
If the purchaser is an entrepreneur, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the seller do not constitute a contractual statement of the quality of the goods.
§ 7 Limitations of liability
In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breach of insignificant contractual obligations.
2. claims for damages of the customer due to a defect become statute-barred one year after delivery of the goods. This does not apply if we can be accused of malice.
§ 8 Final clauses
1 The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our head office. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is filed.
Should individual provisions of the contract with the customer including these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.