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General terms and conditions with customer information
table of contents

    scope
    conclusion of contract
    right of withdrawal
    Prices and terms of payment
    Delivery and shipping conditions
    retention of title
    Liability for defects (warranty)
    Special conditions for the processing of goods according to certain specifications of the customer
    Applicable law
    place of jurisdiction
    Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of D&M Motorsport GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, fax, e-mail or post.

2.3 The Seller may accept the Customer's offer within five days,

    by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
    by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
    by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer's order. The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the period for prior information. The Direct Debit shall be collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the Preliminary Information Period. Pre-notification is any message (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to a lack of sufficient account coverage or due to the indication of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees resulting from the reversal of the debit entry by the respective credit institution if he is responsible for this.
5) Delivery and dispatch conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.

5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the seller's registered office after consultation with the seller. In this case In this case no shipping costs will be charged.

6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
8) Special conditions for the processing of goods according to certain specifications of the customer

8.1 If, according to the contents of the contract, the Seller is responsible for the delivery of the goods as well as the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all contents required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.

8.2 The Customer shall indemnify the Seller against any claims by third parties which they may assert against the Seller in connection with a violation of their rights through the contractual use of the contents of the Customer by the Seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Applicable law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.