General Terms And Conditions

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (LTP Litschka GmbH & Co. KG) via the www.racefoxx.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products .

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Individually-designed products

(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
 
(2)
You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
 
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.


§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 5 Warranty

(1) The statutory warranty rights are applicable.

(2) Claims for defects shall be excluded for used items if the defect occurs after one year from delivery of the item. If the defect occurs within one year from delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from delivery of the item. The above limitation does not apply:

- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.


(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

LTP Litschka GmbH & Co. KG
Blumentalstr. 1b
42859 Remscheid
Germany
Telephone: 0049219171033
E-Mail: [email protected]



Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.


We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. 

5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

7. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
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.