General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1)The following terms and conditions apply to all contracts you have with us as a provider (Manfred Fischer) via the website https://www.fima-racingparts.de/en/ close. Unless otherwise agreed, the inclusion of your own conditions will be contradicted.
(2)Consumers within the meaning of the following rules are any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal entity acting in the course of its independent professional or commercial activity when a legal transaction is concluded.
§ 2 Agreement of the contract
(1)The subject of the contract is the sale of goods.
(2)With the setting of the respective product on our website, we already provide you with a binding offer for the conclusion of a contract to the conditions specified in the article description
(3)The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "goods basket". The appropriate button in the navigation bar allows you to call the "goods basket" and make changes there at any time.
After accessing the "cash" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
As far as you are a payment method an instant payment system (z.B. If you use PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant number system takes place, take the appropriate selection or. Enter your data. Finally, you will be directed back to the order overview page in our online shop.
Before submitting the order, you have the possibility to re-examine all information here (also via the "back" function of the Internet browser) or to cancel the purchase
By submitting the order via the "buy" button, you declare legally binding acceptance of the offer, whereby the contract is concluded
(4)Your enquiries for creating an offer are non-binding. We provide you with a binding offer in text form (z.B. by e-mail), which you can accept within 5 days.
(5)The processing of the order and transmission of all the information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide to us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
Article 3 Individually designed goods
(1)You will provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest.Our specifications regarding file formats must be observed.
(2)You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws.You expressly release us from all claims made by third parties in this context.This also applies to the costs of the legal representation required in this context.
(3)We do not undertake an examination of the transmitted data for the correctness of the content and do not assume any liability for errors in this respect.
§ 4 Right of retention, retention of title
(1)You can exercise a right of retention only to the extent that these are claims arising from the same contractual relationship.
(2)The goods remain our property until the full payment of the purchase price.
(3)If you are an entrepreneur, the following also applies:
a) We reserve the property of the goods until all claims arising from the current business relationship are fully compensated. Prior to the transfer of ownership to the reserved goods, a pledge or security transfer is not permitted.
(b) You can resell the goods in the ordinary course of business. In this case, you will already assign to us all receivables in the amount of the invoice amount that arises from the resale, we accept the assignment. They are further authorised to collect the claim. However, if you do not properly comply with your payment obligations, we reserve the right to collect the claim itself.
(c) When connecting and mixing the reserved goods, we acquire co-ownership in the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%.The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1)The statutory liability for defects applies.
(2)As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible.If you do not do this, this will have no effect on your statutory warranty claims.
(3)Insofar as you are an entrepreneur, different from the above warranty rules apply:
(a)Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
(b)In the event of defects, we guarantee after our choice by remediation or delivery. If the defect elimination fails, you can request reduction after your election or withdraw from the contract. The elimination of defects shall be deemed to have been failed after a second attempt without success if there is no difference in particular from the nature of the case or the lack or other circumstances. In the event of remediation, we do not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
(c)The warranty period is one year after delivery of the goods. The deadline does not apply:
- damage caused to us by culpability caused by injury to life, body or health and accidental damage caused by intentional or gross negligence;
- to the extent that we have carefully concealed the defect or have accepted a guarantee of the nature of the matter;
- in the case of things which have been used in accordance with their usual way of use for a building and which have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with defects.
§ 6 Legal choice
(1)German law applies. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the State of the ordinary residence of the consumer is not withdrawn (principle of convenience).
(2)The provisions of the UN Sales Law expressly do not apply.
II. Customer information
1. Seller's identity
Manfred Fischer
Main road, 43A
84088 Neufahrn i Ndb
Germany
Telephone: 087738899150
Email: info@fima-racingparts.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform) that can be accessed underhttps://ec.europa.eu/odr.
Two. Information about the agreement
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with the regulations "Company of the Contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The full text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically secured via the printing function of the browser. After receipt of the order by us, the order data, the legally required information in the case of distance sales contracts and the general terms and conditions are sent to you again by e-mail.
3.3. For quote requests outside the online basket system, you will receive all contract data as part of a binding offer in text form, z.B. by e-mail, which you can print or secure electronically.
4. Codes of Conduct
4.1. We have been subject to the buyer seal quality criteria of the Dealerbund Management AG and, along with this, to the Ecommerce Europe Trustmark Code of Conduct, clearly under:https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdfAndhttps://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of goods or services
The essential characteristics of the goods and/or service are provided in the respective offer.
6. Prices and payment methods
6.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components including all taxes incurred.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are additionally to be carried by you, unless the shipping cost-free delivery is promised.
6.3. If delivery takes place in countries outside the European Union, we cannot bear any further costs, as z.B. Customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions) to be carried by you. You must also bear the costs of money transfer in cases where delivery to an EU Member State takes place, but where payment has been made outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise specified in the individual payment methods, the payment entitlements from the closed contract are immediately due to payment.
7. Delivery conditions
7.1. The delivery terms, the delivery date and any delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during the shipment will not be transferred to you until the goods are handed over, regardless of whether the shipment is insured or unsecured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or a person otherwise designated for the execution of the shipment
If you are an entrepreneur, the delivery and dispatch will take place at your risk.
8. Legal liability for defects
The liability for defects is governed by the "surcharge" scheme in our General Terms and Conditions (Part I)
These terms and conditions and customer information have been created by the lawyers of the trader association specializing in IT law and are permanently checked for legal compliance. The Dealer Association Management AG guarantees the legal certainty of the texts and is liable in the event of dismissals. For more information, see:https://www.haendlerbund.de/agb-service.
last update: 29.11.2018