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.
Statutory right of withdrawal for consumers
(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.)
Cancellation instruction
Statutory right of withdrawal
You may withdraw from the contract in writing (e.g. letter, fax, email) within one month without giving any reason or – if the item has been delivered before expiry of said term – by returning the item. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and also not before our information duties according to Article 246 Section 2 in combination with Section 1 Subsections 1 & 2 of the German Civil Code (EGBGB), as well as our duties according to Section 312g, Subsection 1, Clause 1 of the German Civil Code (BGB) in combination with Article 246 Section 3 of the German Civil Code (EGBGB) have been fulfilled. The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion.
The notice of withdrawal has to be addressed to:
LTP Litschka GmbH & Co. KG, Blumentalstr. 1 b, 42859 Remscheid
The consequences of cancellation
In case of an effective cancellation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case you are unable to return any or all of the received goods and benefits or in case you return them in a diminished state, you shall compensate us for the lost value.
You do not have to compensate us for any lost value in the event of deterioration resulting from intended use of the item. You must only pay compensation for the use of the product if you have used the goods in a way that goes beyond the scope of testing them – e.g. the way a customer in a brick and mortar store may evaluate merchandise.
Objects suitable for shipment shall be returned at our own risk.
You shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and 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 you have not performed as stipulated or have not made the contractually agreed partial or full payment. In all other cases you may return the merchandise free of charge.
Objects not suitable for shipment by parcel post shall be picked up at your premises.
The obligation to return received payments shall be fulfilled within 30 days. For you, the grace period starts with the date your cancellation is sent or the object is returned; for us, the grace period begins with the receipt of the cancellation or the returned goods.
Exclusions from the statutory right of withdrawal
The statutory right of withdrawal does not apply to contracts for the delivery of goods that have been manufactured to customer specifications or have clearly been tailored to personal requirements or which are unsuitable for a return shipment due to their nature or are easily perishable or would be past their expiration date, for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by you, as well as for the delivery of newspapers, journals and magazines, unless you have made your contractual statement over the telephone.
End of the cancellation instruction
Please note:
If possible, please do not return the goods to us without prepaid postage, but rather as a stamped parcel. We will gladly pay you the cost of postage in advance, if we have to bear the expenses of the return. Please avoid damaging or soiling the goods. If possible, please return goods to us in their original packaging with all accessories and all packaging material. If you no longer have the original packaging, please make sure to use suitable packaging so as to avoid damages during transit.
The methods indicated above are not a prerequisite for the effective exercise of the statutory right of withdrawal.