General Terms And Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (LTP Litschka GmbH & Co. KG) via the Internet site www.racefoxx.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.

(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

We sell the goods partly or exclusively as a commission agent in our own name for the account of a third party, i.e. for a third party as the owner of the goods. Notwithstanding the above, we are the contracting party with all rights and obligations.

(2) Already with the placement of the respective product on our website we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) and entering the personal data and the payment and shipping terms, the order data is finally displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.

Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

§ 4 Special agreements on payment methods offered

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

- Invoice: The payment term is 30 days from the date of shipment of the goods/ticket/ or, for other services, the provision of the service. The full invoice terms for the countries where this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice).

- Installment Purchase: Klarna's financing service allows you to pay for your purchase in fixed or flexible monthly installments under the terms specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on installment purchases, including terms and conditions and standard European consumer credit information for countries where this payment method is available, please click here (available only in the countries indicated): Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account).

- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you submit your order.

- Direct Debit: The debit will be made after the goods have been shipped. The time will be communicated to you by e-mail.

- Credit card (Visa/Mastercard): Available in Germany and Austria. The debit takes place after shipment of the goods or tickets / availability of the service or in case of a subscription according to the communicated times. The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal information will be treated by Klarna in accordance with applicable data protection laws and as set forth in Klarna's Privacy Policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna App here (https://www.klarna.com/de/klarna-app/).

(2) Payment via "PayPal" / "PayPal Checkout".
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) Insofar as you are informed by us prior to the submission of the contractual declaration and this has been expressly and separately agreed, claims for defects are excluded in the case of used goods if the defect only becomes apparent after the expiry of one year from the delivery of the goods. If the defect becomes apparent within one year from delivery of the goods, the claims for defects may be asserted within the statutory limitation period of two years from delivery of the goods. The above limitation shall not apply

- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(4) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

1. identity of the seller

LTP Litschka GmbH & Co. KG
Blumentalstr. 1b
42859 Remscheid
Germany
Phone: 0049219171035
E-mail: support@racefoxx.com

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1 The contract language is German.

3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. codes of conduct

4.1 We have submitted to the Buyer's Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

5. essential characteristics of the goods or service

The essential characteristics of the goods and/or services can be found in the respective offer.

6. prices and payment modalities

6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 The shipping costs are not included in the purchase price. They can be called up 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 to be borne by you in addition, unless free delivery has been promised.

6.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. terms of delivery

7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

8. legal liability for defects

The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by Händlerbund lawyers specializing in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 01.01.2022

General Terms and Conditions of Business and Consumer Information
§ 1 Basic provisions

(1) The following Terms and Conditions of Business apply to all contracts between LTP Litschka GmbH & Co. KG, Blumentalstr. 1 b, 42859 Remscheid, Germany – hereinafter referred to as Vendor – and the customer, which are concluded via the Vendor’s website www.shop-racefoxx.com. Unless otherwise agreed, the inclusion of the customer’s own conditions shall be forbidden.

(2) For the purpose of the following provisions, a consumer shall mean any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial activity nor their independent professional activity. An entrepreneur shall mean any natural or legal person or a partnership with legal capacity that in concluding a legal transaction is acting in the execution of its commercial or independent business activity.

(3) The contractual language is German. The full text of the contract shall not be stored by the Vendor. Before placing an order via the online shopping basket system, the contract data can be printed or stored electronically using the browser’s print function. Once the Vendor has received the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions of Business will be sent to the customer once again by email.

In the event of enquiries delivered to the Vendor by telephone, email or in writing, for example, the customer shall be sent all contract data within the framework of a binding offer by email, which can then be printed or saved electronically by the customer.

§ 2 Object of the contract

The object of the contract is the sale of goods. The details, in particular the significant features of the products, can be found in the item description and the additional information on the Vendor’s website.

§ 3 Conclusion of the contract

(1) The Vendor’s online product presentations are non-binding and do not constitute a binding offer for the conclusion of a contract.

(2) The customer can submit a binding offer of purchase (order) via the online shopping basket system.
In doing so, the goods intended for purchase are placed in the “shopping basket”. The customer can access the “shopping basket” via the corresponding button in the navigation bar and can make changes there at any time. After selecting the “Checkout” page and entering personal details and payment and shipping terms, all of the order data will be displayed once more on the order overview page.
Before submitting the order, the customer has the opportunity to review all details again here, and to change them (also possible by pressing the “back” button in the web browser) or cancel the order.
By sending the order using the “Buy now” button, the customer submits a binding offer to the Vendor.
The customer will then receive an automatic email confirming receipt of the order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either in the form of a written confirmation (e.g. an email) that confirms to the customer that the order has been processed or the goods delivered, or in the form of the sending of goods. If the customer does not receive an order confirmation or notification of delivery, or has not received the goods within 5 days, his/her order shall no longer be binding. If any payments have already been made, they will be refunded promptly in this case.

(4) Enquiries made by the customer concerning purchase outside of the online shopping basket system, for example made by telephone, via email, or in writing to the Vendor, are nonbinding for the customer. For this purpose, the Vendor makes the customer a binding offer in written form (e.g. via email) which the customer may then accept within 5 days.

(5) The processing of the order and the transmission of all required data relevant to the conclusion of the contract shall be made via email and is partly automated. The customer must therefore ensure that the email address given to the Vendor is correct and that email receipt is technically guaranteed and, in particular, not prevented by spam filters.

§ 4 Prices, shipping costs

(1) The prices quoted for all products, as well as the shipping costs, constitute final prices. They include all price components and all applicable taxes.

(2) The applicable shipping costs are not included in the purchase price. They can be found on the page “Payment and shipping”, are listed separately during the ordering process, and must be paid additionally by the customer unless free shipping has been confirmed.

(3) The customer shall receive an invoice with VAT shown separately.

§ 5 Payment and shipping terms

(1) The terms for payment and shipping can be found by clicking the button of the same name in the navigation bar.

(2) Unless indicated otherwise for the individual payment methods, payment claims from concluded contracts are due for payment immediately.

(3) If, contrary to expectations, a product ordered by the customer is not available despite prompt conclusion of an adequate hedging transaction, due to reasons for which the Vendor is not responsible, the customer will be informed immediately about this unavailability and, in the event of cancellation, any payments already made will be refunded immediately.

(4) Regardless of whether the shipment is insured or not, there is legal legislation in favour of the customer that the risk of accidental loss and accidental deterioration of the sold goods during shipment proceeds to the customer only upon handover of the goods.

If the customer is an entrepreneur, the delivery and shipment takes place at his/her own risk.

§ 6 Return costs when exercising the right of withdrawal

In the event that the statutory right of withdrawal applicable to consumers for distance contracts is exercised, the customer shall agree to bear the routine costs of return, provided that the price of the return merchandise does not exceed EUR 40.00 or, in case of merchandise valued at more than EUR 40.00, if at the time of cancellation the customer has not performed as stipulated or has not made the contractually agreed partial payment, unless the goods have not been delivered as ordered. In all other cases the Vendor shall bear the return costs.

§ 8 Right of retention, retention of title

(1) The customer may only exercise a right of retention if the claims concern the same contractual relationship.

(2) The goods shall remain the property of the Vendor until full payment of the purchase price has been made.

(3) If the customer is an entrepreneur, the following shall additionally apply:

a) The Vendor shall retain ownership of the goods until full settlement of all claims under the current business relationship. Pledging the goods or transferring them by way of security shall not be permitted before the transfer of ownership of the goods subject to retention of title.

b) The customer may resell the goods in the ordinary course of business. In this case he/she shall now assign all claims that arise from the resale in the amount of the invoice price to the Vendor accepting the assignment. In addition, the customer is authorised to collect debts. If he/she does not properly meet his/her payment obligations, the Vendor reserves the right to collect the debts itself.

c) If the goods subject to retention of title are combined or mixed, the Vendor shall gain joint ownership of the new item on the basis of the ratio between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) The Vendor shall agree to release the securities to which it is entitled at the request of the customer insofar as the realisable value of the Vendor’s securities exceeds the claim that is to be secured by more than 10%. The Vendor shall select the securities to be released.

§ 9 Warranty

(1) The statutory provisions shall apply.

(2) As a consumer, the customer is requested to check the goods immediately upon receipt for completeness, obvious defects and transport damage, and to notify the Vendor and the shipper of any complaints as soon as possible. If the customer does not comply with this request, this will have no bearing on statutory warranty claims.

(3) If the customer is an entrepreneur, the following applies by way of derogation from paragraph 1:

a) Only the Vendor’s own information and the product description by the manufacturer (but no other advertising, public promotions or statements made by the manufacturer), shall be deemed valid to describe the quality of the goods.

b) The customer shall be obligated to check the goods immediately and with all due care for deviations in terms of quality and quantity and to report obvious defects to the Vendor in writing within 7 days from receipt of the goods; a timely dispatch is sufficient in order to adhere to the deadline. This shall also apply to hidden defects noticed later from the moment of their discovery. In case of non-compliance with the obligation to check the goods and provide notice of defects, warranty claims cannot be asserted.

c) In the event of defects, the Vendor may choose to fulfil the warranty either by rectification or by replacement. If the remedy of defects fails twice, the customer may either demand a price reduction or may withdraw from the contract. In the case of repair the Vendor is not obligated to bear the increased costs that arise from the goods’ shipment to a different location from the place of fulfilment as long as the shipment does not correspond to the goods’ intended use.

d) The warranty period shall be one year from the delivery of the goods. The shortened warranty period does not apply for damages caused culpably by the Vendor arising from injury to life, body or health, and damages caused deliberately, due to gross negligence or by fraud, as well as in the event of the right of recourse according to §§ 478, 479 of the German Civil Code.

§ 10 Liability

(1) The Vendor shall be fully liable for any damages arising from injury to life, body or health, for any cases of malice and gross negligence, for the fraudulent concealment of a defect, assumption of a guarantee for the condition of the object of purchase, for damages under product liability law, and in all other cases regulated by law.

(2) As far as essential contractual obligations are concerned, the Vendor’s liability for slight negligence is limited to foreseeable damages typical for the contract. Essential contractual obligations are essential duties arising from the nature of the contract whose violation would jeopardise the fulfilment of the purpose of the contract, as well as obligations which the contract imposes on the Vendor according to its content for the fulfilment of the purpose of the contract, whose fulfilment enables the proper fulfilment of the contract in the first place and on whose observance the customer can regularly count.

(3) If unessential contractual obligations are violated, liability for slightly negligent breaches of duty is excluded.

(4) Given the current state of the art, data communication via the Internet cannot be guaranteed to be without errors and/or available at all times. The Vendor shall not be responsible for the constant and uninterrupted availability of the website, nor the services offered on it.

§ 11 Applicable law, place of fulfilment, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers provided that it does not result in the consumer being deprived of the protection afforded to him/her by the mandatory rules of law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of fulfilment for all services and products that arise from business transactions with the Vendor, and also the place of jurisdiction, is the registered office of the Vendor, insofar as the customer is a not a consumer, but a businessman, legal person governed by public law or special fund under public law. The same shall apply if the customer does not have a place of general jurisdiction in Germany or the EU, or if his/her place of residence or habitual residence is unknown at the time of the commencement of proceedings. The authorisation to call upon the court in a different place of jurisdiction shall remain unaffected hereby.