General Terms and Conditions of Sixpack Racing GmbH for Consumers
The online shop is operated by Sixpack Racing GmbH, Schachenstrasse 39, 88267 Vogt, Germany, (hereinafter "Vendor"). The business relation between the Vendor and the customer (hereinafter "Customer") shall be exclusively governed by the General Terms and Conditions below as amended from time to time applicable at the time of the order.
The Customer is a consumer unless the purpose of the ordered supplies and services can be attributed to their commercial or self-employed professional activity.
2. Offers / Formation of the Contract
The presentation of the goods in the online shop is not yet an offer to enter into a contract. You may select goods from the product ranges and collect them in what is called an electronic shopping cart by using the "shopping cart" button. You may access the "shopping cart" by clicking the relevant button in the navigation bar and make changes at any time. After visiting the "Checkout" page and entering your personal data and the payment and shipment terms, you will be displayed the ordering data in an order overview. If you use an immediate payment system (such as PayPal / PayPal Express, Sofortüberweisung) as payment method, you will either be directed to the order overview page or forwarded to the website of the provider of the immediate payment system. If you are forwarded to the relevant immediate payment system, you will make the relevant selection or enter your data there. Finally, you will be displayed the order details as an order overview on the immediate payment system provider's website or after you have been redirected to our online shop. Before sending the order, you will have the opportunity to check, to edit (also by using the "back" feature of the Internet browser) the details in the order overview or to discard the order.
You will then receive a message confirming receipt of the order and its order details (order confirmation). This message shall serve only for your information about the receipt and the content of the order and will not yet constitute our acceptance of the offer. A purchase contract will only be formed if we confirm to you the shipment of the goods in another message (shipment confirmation). As a consumer, you have the right of withdrawal according to the instruction on withdrawal.
Handling of the order and submission of any and all information required in the context of the conclusion of the contract shall be made by email in part in an automated manner. Therefore, you shall ensure that the email address provided to us is accurate, that receipt of emails is technically guaranteed and, in particular, not prevented by spam filters.
3. Storage of All Contract Details
The contract details and the order details will be stored by the Vendor, but they will not be permanently retrievable online. The confirmation of receipt and the order confirmation shall contain any and all essential order data and the remaining contract details. The Customer shall have the opportunity to print the General Terms and Conditions and any and all data entered during the order process by using the browser’s print function or save the General Terms of Conditions by using the browser’s save function.
Unless stated otherwise, the delivery shall be made by post from the Vendor’s place of business to the delivery address stated by the Customer. Unless another delivery period is stated for the relevant goods, the delivery period for deliveries within Germany may take up to 5 working days after order confirmation and receipt of the payment of the purchase price in full by the Vendor, and for delivery outside Germany, including but not limited to packages, up to ten working days. If the goods selected by the Customer are temporarily not available, then the Vendor shall inform the Customer thereof in the order confirmation without undue delay. If the goods are permanently not available, then the Vendor shall refrain from accepting the order. In this case, a contract shall not be formed.
In the event goods are delivered with obvious deterioration in transit, please complain about such defects to the deliverer immediately and contact us as soon as possible: email: [email protected]. Failure to make a complaint or contact will not have any consequences regarding your entitlement to warranty provided by law. However, they help us to assert our claims against the carriers or the transportation insurance respectively.
5. Prices and Shipping Costs
Any and all prices shall include the applicable value added tax as amended from time to time.
Any delivery or shipping costs to be paid in addition to the purchase price shall be borne by the Customer and will be stated separately in the presentation of the goods.
For shipments outside Germany, further taxes or charges (such as duty) may be incurred in the individual case. In these cases, payment shall not be made to the Vendor, but to the competent customs or tax authorities.
6. Payment Terms and Default
Payment shall be made in advance. The Customer may make the payment by bank transfer, PayPal or credit card.
Payment of the purchase prices shall be made within 14 days after conclusion of the contract.
The Vendor has the right to charge dunning costs for every reminder after default occurs: For the second reminder, a fee in the amount of €5.00 (incl. value-added tax), for the third reminder, a fee in the amount of €10.00 (incl. value-added tax) shall be charged. The Customer reserves the right to prove that no or less damage was incurred. Default interest pursuant to the provisions provided by law shall remain unaffected by this.
7. Right of Retention, Reservation of Title
The Customer shall only have a right of retention if the counter-claim is based on the same contractual relationship.
The goods shall remain our property until the purchase price has been paid in full.
8. Warranty for Material Defects, Guarantee
The Vendor shall be liable for material defects pursuant to the statutory provisions applicable to them. The Vendor’s liability as laid down in Section 9 shall remain unaffected by this.
A guarantee shall only exist if it is explicitly given in the order confirmation for the relevant goods.
The Vendor shall be liable without limitation for the Customer’s claims for damages arising from injury to life, limb or health, or from wilful or gross negligent breach of fundamental obligations under the contract as well as other damages based on a wilful or gross negligent breach of duty on the part of the Vendor. This shall also apply where a legal representative (gesetzlicher Vertreter) or a person used to perform the Vendor’s obligations (Erfüllungsgehilfe) has committed the aforementioned breaches. Fundamental obligations under the contract refer to obligations whose performance is essential to accomplish the purpose of the contract.
Where the breach of fundamental obligations under the contract was due to slight negligence, the Vendor shall be liable for the foreseeable damage that might typically occur under such a contract, unless the Customer’s claim for damages is based on injury to life, limb or health.
The restriction of subsection 1 and 2 shall also apply to the Vendor’s legal representatives (gesetzliche Vertreter) or persons used to perform the Vendor’s obligations (Erfüllungsgehilfen) if claims are asserted directly against them.
The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected
The restrictions of liability arising from subsection 1 and 2 shall not apply to the extent that the Vendor has fraudulently concealed (arglistig verschwiegen) a defect or guaranteed the quality of an item. This shall also apply if and to the extent that the Vendor and the Customer have agreed on the quality of an item.
For the rest, the Vendor disclaims liability; this also applies to consequential damage
In the event that the Customer claims consequential damages that occurred in a movable object other than the defective goods, the Customer shall be obliged to send to the Vendor this movable object in order to examine the damage. After completion of the examination by the Vendor, the Vendor shall send this movable object back to the Customer at the Vendor’s cost.
10. Right of Withdrawal of the Consumer and Instructions on Withdrawal
10.1 If you are a consumer, you have, when concluding a distance contract, as a rule a right of withdrawal provided by law, which the Vendor informs you about pursuant to the legal model. In 10.2 there is a sample withdrawal form.
Instructions on Withdrawal
Right of Withdrawal
"You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you have taken physical possession, or a third party indicated by you other than the carrier has taken physical possession, of the goods. If the goods ordered in one order are delivered separately, the withdrawal period will expire after 14 days from the day on which you have acquire physical possession, or a third party indicated by you other than the carrier has acquired physical possession, of the last goods. In the event of delivery of a good consisting of multiple lots, acquiring physical possession of the last lot or the last piece shall be decisive.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, email, or fax).
You may use the attached sample withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
~ End of Instructions on Withdrawal ~
10.2 This right of withdrawal shall not exist for distance contracts for the delivery of goods that are non-prefabricated and whose manufacture requires an individual choice or specification by the consumer or which are clearly personalised to the consumer’s needs. Neither shall this right of withdrawal apply to distance contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery.
10.3 Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill in and return this form).
88267 Vogt, Germany
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
11. Information on Data Processing
12. Applicable Law
German law shall apply. The courts in Ravensburg, Germany, shall have non-exclusive jurisdiction. This means that you may file claims in relation with these Terms and Conditions of Sales resulting from consumer protecting norms, at your choice both in Ravensburg, Germany, as well as in the EU member state where you live. If you are a consumer with an ordinary residence in the EU, you also benefit from the protection given by the mandatory provisions of the law of the country where you reside.
13. Final Provision
In the event that any provisions of these General Terms and Conditions are ineffective, then this shall not affect the effectiveness of the remaining provisions.
Date March 2021
General Terms and Conditions of Delivery and Payment for Business Clients of Sixpack Racing GmbH
These GTCT shall apply to any and all deliveries and deliverables between us (Sixpack Racing GmbH) and the customer associated with it, provided that the customer is a an entrepreneur ("Unternehmer" as defined in Section 14 of the German Civil Code – BGB), a legal entity under public law (juristische Person des öffentlichen Rechts) or a special fund under public law (öffentlich-rechtliches Sondervermögen). These GTCT shall apply exclusively. Sixpack Racing GmbH does not accept any contrary, deviating, or supplementary terms and conditions – including but not limited to terms and conditions of purchase – of the customer, unless we have explicitly agreed to their application in writing in the individual case. This requirement of approval shall apply in every case, even if we carry out the supply of goods or performance of deliverables or accept payments without reservation while being aware of the customer’s general terms and conditions.
These GTCT apply to any and all future transactions with the same customer without us having to point them out in every individual transaction.
2. Offer and Order
Our offers shall be without obligation and non-binding unless the offers, with reasonable certainty (ausreichender Bestimmtheit), are explicitly designated as binding or include a specific deadline for acceptance. Orders of the customer will become binding only with our confirmation in writing or in text form or upon our delivery.
Agreement of a guarantee (Garantie) shall be made in writing and will only be effective if it describes the content of the guarantee with sufficient certainty (hinreichend bestimmt).
We reserve the rights to deviations and changes in the details stated in brochures, catalogues, and any other documents or prior deliveries that are the result of manufacturing reasons, and changes in the model or material or the like.
3. Delivery and Delivery Period
Our delivery shall be subject to the correct and punctual delivery by the sub-supplier. For batch products, goods of the same kind and quality will be delivered to perform the purchase contract. Minor discrepancies in texture and colour shall be deemed customary to the trade. Where acts of cooperation of the customer are required for performance of our deliverables, delivery, execution or completion periods shall only begin when the act of cooperation has been performed. Discrepancies in the material, model, design, and functionalities texture of subsequent deliveries are unavoidable. Brochures, sketches and measurements are approximate and non-binding. We are entitled to make partial deliveries. Where the agreed date of delivery is exceeded by more than four weeks, the customer has the right to set a grace period of at least four weeks. If the order is still not executed, then the customer may rescind the purchase contract in writing. The aforementioned deadlines shall be waived only with an explicit agreement in writing.
Shipment shall be free of shipping and free of packaging charges within Germany for a net goods value over 500 euros. Below this amount, shipment and packaging costs shall be charged per package. Shipment abroad shall be charged based on our shipping costs table.
The customer shall inspect the goods after delivery without undue delay and report any material defects, wrong deliveries or deviations in quantity in writing without undue delay, but no later than within one week after delivery; otherwise, the shipment shall be deemed not objected to. For partial deliveries, this obligation of the customer shall refer to each partial quantity. The customer shall complain about hidden defects without undue delay after detection of the defect, but no later than within 12 months after delivery. Taking back delivered goods shall, as a rule, be excluded, unless such goods have been wrongly delivered or not been ordered. A complaint does not give the customer the right to withhold due payments or to refuse acceptance of further deliveries. We shall be liable for damages regardless of the legal grounds in the following cases only:
- In the event of intent,
- For gross negligence, while liability for gross negligence shall be restricted to the foreseeable damage that might typically occur under such a contract,
- In the event injury to life, limb or health in the form of a guarantee
- In the event of liability based on the German Product Liability Act (Produkthaftungsgesetz),
- For culpable breach of a fundamental contractual obligation.
Contractual and non-contractual claims of the customer for damages due to our slightly negligent breach of obligation, our executives (leitende Angestellte) or our other persons used to fulfil our obligations (Erfüllungsgehilfen) shall be excluded. This shall not apply where an obligation has been breached that is of fundamental importance for accomplishing the purpose of the contract; our liability shall, however be restricted to the foreseeable damage that might typically occur under such a contract. The limitations shall not apply to damages from injury to life, limb or health. Any mandatory provisions on liability provided by law shall remain unaffected.
6. Retention of Title
The delivered goods shall remain in our ownership until the customer has paid any and all claims, i. e. the purchase price including any and all ancillary costs that have arisen from the relevant delivery. The customer shall store the goods with the due diligence of a prudent businessman (Sorgfalt eines ordentlichen Kaufmanns) and bear the risk of accidental perishing. The customer shall not be entitled to pledge or assign as a security items to third parties that are not fully paid. Where items are pledged, we need to be informed within three days. We are entitled to enter the rooms where our items are located. We are entitled to assert our rights under the retention of title – including, but not limited to taking back the goods delivered subject to retention of title – without asserting a prior revocation of the relevant purchase contract.
7. Force Majeure
Where events and circumstances whose occurrence is beyond our control, such as natural events, epidemics, pandemics, pestilences, industrial conflicts, unpredictable lack of personnel, unpredictable lack of energy or raw materials or adjuvants, disruptions in traffic and operations, damages due to fire and explosions, strikes, lockouts, war, political unrest, terrorist acts, official orders and any and all other cases of force majeure, reduce the availability of the goods, so that we cannot perform our obligations under the contract (by proportionally considering other in-house or external obligations to deliver), we shall be released from our obligations under the contract and not obliged to procure the goods from third parties for the duration of the disruption and the extent of its effects. The provision above shall also apply where the events and circumstances render the execution of the relevant transaction sustainably uneconomic for us or occur with our sub-suppliers. Where these events last more than three months, we shall be entitled to rescind the contract. Where there are hindrances for a temporary period of time, the delivery periods or periods for deliverables shall be extended by the duration of the hindrance plus an appropriate starting time.
8. Rescission of Placed Orders or Contracts
We may request advance payment of the full purchase price or rescind the contract, provided that we become aware of circumstances that make a credit of the customer appear questionable.
Where the customer files an application to open insolvency proceedings, provides information on one’s financial status in lieu of an oath (Abgabe der eidesstattlichen Versicherung) or we become aware of a deterioration of the customer’s financial situation, then we are entitled to discontinue the deliveries immediately. We shall not be obliged to accept the customer’s rescission of the contract. Where we agree with the rescission, we may demand damages.
9. Terms and Conditions of Payment
The price list valid on the date of the order shall apply. Without our explicit approval, our staff members are not entitled to debt collection. As a rule, payment of invoices shall be due 30 days after the invoice date without a discount. After expiry of the payment term we are entitled to charge the dunning costs and the default interests provided by law.
For partial delivery, the corresponding purchase price shall fall due accordingly. Bills of exchange and cheques shall only be deemed as payment after their drawing and expiry of the waiting period. Bills of exchange may only be given with our approval. Where payment by instalments is agreed and the customer is in default for an instalment for more than 10 days, the full amount shall fall due. Withholding a payment or set-off against any counterclaims by the customer shall be excluded. We shall not be obliged to render any further deliverable before full settlement of the customer account. Where the customer is in default with any obligations for payment, then any and all outstanding receivables shall fall due immediately.
The customer undertakes to treat confidential any and all technical and commercial information relating to the goods and other information, including technical and commercial business secrets that are either designated confidential or have to be regarded as confidential due to the circumstances under which they have been made available or have become known to the customer (hereinafter jointly "Know-how"), and to not disclose or make such Know-how accessible to third parties, including, but not limited to, our competitors.
This obligation to secrecy shall not apply to information that
- was, at the time they have been made available by us, already known to the customer without any breach of the obligations of secrecy as can be proven through documents or other evidence, or
- was publicly accessible without the customer's interference, or
- was made available to the customer without being bound to secrecy by a third party who had neither directly nor indirectly received such information from us.
We reserve any and all rights in the Know-how.
This obligation to secrecy shall remain in force even after the obligations under the contract by and between the customer and us have been performed.
The customer undertakes to protect us and our business activities and agrees that paying damages would only inadequately compensate for an infringement of the obligations of secrecy under this clause. Further, the customers accepts and affirms that a committed or imminent infringement of this obligation of secrecy would cause irreparable harm to us and therefore we are, in addition to any statutory and other claims, entitled to obtain a preliminary injunction (einstweilige Verfügung) against the committed, imminent or continued infringement of this obligation of secrecy, if we can demonstrate that such infringement may cause harm, without us being obliged to prove actual damages.
11. Information on Data Protection
12. Final Provisions
In the event that one of the foregoing provisions proves to be invalid in whole or in part, then this shall not affect the effectiveness of the remaining provisions.
Place of performance and place of jurisdiction shall be our registered office or – upon our discretion – Stuttgart, Germany.
The relations between the customer and us shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods (CISG). Clauses customary to the trade shall be construed according to the Incoterms 2020.
Date March 2021