General terms and conditions of business
§ 1 Subject of the contract
Our general terms and conditions apply to deliveries of movable items in accordance with the contract concluded between us, Sportcars Elements – Frank Goldmann, Hamburger Str. 4, 27419 Sittensen (hereinafter “provider”) and the customer.
This contract allows the sale of new and used goods from the areas of automotive parts and accessories via the online shop www.sportcarselements.com regulated by the provider. For details of the respective offer, please refer to the product description on the offer page.
§ 2 Contractual partners
Based on these General Terms and Conditions (GTC) between the customer and the provider,Sports Cars Elements– Frank Goldmann, Hamburger Straße 4, 27419 Sittensen, VAT identification number: DE 346 719 657, the contract is concluded.
§ 3 Conclusion of contract
(1) The contract comes in electronic commerce via the shop system on the website www.sportcarselements.com of the provider.
(2) The provider's offers presented represent a non-binding invitation to submit an offer through the customer order.
(3) In order to place a binding order, the customer must carry out the following steps:
a. selection of the desired goods;
b. Pressing the “checkout” button;
c. Register as a new or existing customer by entering your personal data;
d. Selection of payment and shipping method;
e. Re-checking or correcting the respective data entered and confirming that you have viewed the general terms and conditions and the declaration of revocation;
f. Binding dispatch of the order by clicking the “order for a fee” button.
(4) If the payment method “cash on delivery” is selected, the provider can accept the customer’s offer within a period of 5 days. The confirmation email after receipt of the order does not constitute acceptance of the offer, but is solely intended as an automated confirmation of receipt of the order. The customer accepts the offer either by delivering the ordered goods or by sending a separate order confirmation email.
(5) If the payment method “advance payment” or “PayPal” is selected, the contract is concluded when the customer pays the purchase price.
(6) After the contract is concluded, the contract text is not saved by the provider. The details of the order will be sent to the customer in the order confirmation by email.
§ 4 Prices and payment conditions
(1) All prices are final prices and include statutory sales tax.
(2) The customer only has the following payment options:
a. Advance transfer
The invoice amount must be transferred in advance to the account specified there after receipt of the invoice, which contains all the information for the transfer and is sent by email.
b. Payment service providers (PayPal and PayPal PLUS)
When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. When using the payment service provider, it enables the provider and customer to process the payment between themselves. The payment service provider forwards the customer's payment to the provider. Further information about the functions and terms of use of the payment provider PayPal can be found at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.
c. Cash on pickup
The total amount must be paid in cash on site. An invoice for the total amount will be created immediately upon collection.
d. Cash on delivery
(3) No other payment methods are offered and will be rejected.
(4) A delay in payment occurs no later than 10 days after receipt of the goods. The legal regulations regarding the consequences of late payment apply.
(5) The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed, recognized by the provider or are synallagmatically linked to the provider's main claim. If the customer is an entrepreneur, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Retention of title and other reservations
The delivered goods remain the property of the provider until full payment has been made.
§ 6 Delivery conditions
(1) The goods will be dispatched immediately after confirmed receipt of payment, unless cash on delivery was chosen. Shipping takes place on average no later than 2 days after receipt of payment. The standard delivery time is 3-5 working days for deliveries within Germany and Europe, unless otherwise stated in the item description. Deliveries to countries outside Europe can take up to 20 working days.
(2) If delivery deadlines have been specified by the provider or have been used as the basis for placing the order, such deadlines will be extended in the event of strikes and cases of force majeure, for the duration of the delay. The same applies if the customer does not fulfill any obligations to cooperate. The provider ships the order from its own warehouse as soon as the entire order is in stock there. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, even though a corresponding hedging transaction was carried out in a timely manner, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded.
§ 7 Product quality and warranty
(1) In the event of a defect, the provider is liable in accordance with the statutory provisions, provided that no restrictions arise from the following.
(2) Warranty rights regarding used goods expire within one year.
(3) The customer does not receive any guarantees in the legal sense from the provider.
§ 8 Right of withdrawal
(1) If the buyer is a consumer, he has a one-month right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
(2) Information on the right of withdrawal can be found in the seller's respective item description and the dedicated cancellation policy. After the contract has been concluded, the buyer will also receive an order confirmation with instructions about his right of withdrawal and information on how he can exercise it, for example using the sample cancellation form attached to the cancellation policy.
§ 9 Disclaimer of liability
(1) The provider's liability for breaches of contractual obligations and tort is limited to intent and gross negligence. This does not apply in the event of injury to life, body, health or essential contractual obligations that must necessarily be fulfilled to achieve the contractual goal, as well as compensation for damages caused by delay (§ 286 BGB). In this respect, the provider is liable for any degree of fault.
(2) This also applies to slightly negligent breaches of duty by our vicarious agents.
(3) To the extent that liability for damages that are not based on injury to the customer's life, body or health is not excluded for slight negligence, such claims expire within one year starting from the time the claim arises.
(4) To the extent that liability for damages towards the provider is excluded or limited, this also applies with regard to the personal liability for damages of the provider's employees, employees, employees, representatives and vicarious agents.
§ 10 Place of jurisdiction and applicable law
(1) The legal regulations regarding the places of jurisdiction remain unaffected unless the special regulation in paragraph (3) states otherwise.
(2) This contract is governed by the law of the Federal Republic of Germany. This does not apply if special consumer protection regulations are more favorable in the customer's home country (Art. 6 Regulation [EC] 593/2008).
(3) If the customer does not have a general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
§ 11 Data protection
In connection with the initiation, conclusion, processing and reversal of a purchase contract based on these General Terms and Conditions, data is collected, stored and processed by the provider. This happens within the framework of the legal provisions. The provider does not pass on the customer's personal data to third parties unless it is legally obliged to do so or the customer has expressly consented in advance. If a third party is used for services in connection with the handling of processing processes, the provisions of the Federal Data Protection Act will be complied with. The data provided by the customer when placing the order will be processed exclusively for contact purposes within the scope of contract processing and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company that delivers the goods in accordance with the order if necessary. The payment data will be passed on to the credit institution responsible for the payment. If the provider is subject to retention periods of a commercial or tax nature, the storage of some data can take up to ten years. During a visit to the provider's Internet shop, anonymized data is logged that does not and does not allow any conclusions to be drawn about personal data, in particular IP address, date, time, browser type, operating system and pages visited. At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all of the customer's personal data is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Sportscars Elements – Frank Goldmann, Hamburger Str. 4, 27419 Sittensen, info@sportcarselements.com.
§ 12 Implementation of the ODR guideline
Online dispute resolution in accordance with Article 14 Paragraph 1 ODRVO: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find.