GENERAL TERMS AND CONDITIONS
for all deliveries and services from the online shop operated by TGP Moto Racing, Am Bach 4, 85659 Forstern
§ 1 SCOPE OF APPLICATION
1. These general terms and conditions (GTC for short) apply to all orders for goods and services from the range of our online shop at http://www.tgp-shop.com in the version valid at the time of the order. Other conditions do not become part of the contract, even if we do not expressly contradict them.
2. Our terms and conditions are deemed to have been accepted by placing an order or accepting delivery.
3. Assurances, subsidiary agreements, changes, additions to the contract require written confirmation by one of our authorized representatives in order to be effective.
§ 2 CONTRACTUAL PARTNERS
1. The contract is concluded with TGP MotoRacing, which is represented by the owner Thomas Vorteill, Am Bach 4, 85659 Forstern.
§ 3 conclusion of contract
1. The representations of the products in the online shop do not represent a legally binding offer in the sense of §§ 145 ff. BGB, but are merely non-binding requests to the customer to order goods and / or services from us.
2. A binding order is placed by the customer by clicking the "Buy" button on the goods listed on the order page. A contract between us and the customer is only concluded when we accept the customer's offer by submitting a corresponding declaration. Acceptance takes place either by sending an order confirmation by e-mail or by sending the ordered goods or other services.It is not necessary for us to expressly declare our acceptance of the offer.
3. No sales contract is concluded for goods and other products that are not listed in the shipping confirmation.
4. Immediately after submitting the offer, the customer will be sent an automatically generated e-mail confirming the receipt of his order on our server (order confirmation). The order confirmation does not represent an acceptance of the offer made by the customer, but merely informs about the receipt of the order. Before submitting the order, the customer is shown a summary of the content of his order in order to identify and correct input errors. The information can be corrected accordingly by clicking the "Change" button.
5. These terms and conditions are available to the customer for retrieval and storage on our website. We will confirm the text of his order to the customer by email.
6. The contract can only be concluded in German.
§ 4 PRICES
1. All prices in our online shop or in our advertising catalog include the applicable statutory value added tax plus any shipping costs. All prices are given in euros. In the case of orders via our homepage, the catalog prices may not apply, but the prices stated when the order was placed.
2. Shipping costs (e.g. costs for postage, packaging and logistics) are calculated separately. The shipping costs depend on the respective object of purchase and are shown separately to the customer during the respective order process before submitting the order for which payment is required. There are separate shipping costs for each order.
3. We deliver worldwide.
§ 5 AVAILABILITY OF GOODS
If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case we will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, we will immediately reimburse any consideration already provided.
§ 6 PAYMENT TERMS
1. Payment for the ordered goods or other services can be made either by bank transfer or instant transfer.
2. If there are still outstanding return debits with the customer from another contractual relationship that has already been concluded, we are entitled to deliver exclusively in advance until all claims and ancillary claims have been settled in full.
3. Payment with cash is only possible when collecting the ordered goods or other services in our shop. When transferring to our account at Sparkasse Erding I-BAN DE34 7005 1995 0000 6390 47, the invoice no. to be stated in the intended use.
4. Payments with PayPal are processed by PayPal (Europe) S.à.rl et Cie, SCA, 22-24 Boulevard Royale, L-2449 Luxembourg, authorized to represent: Robert Caplehorn, Commercial Register No. RCS Luxembourg B 118 349. Postage only - no collection in store possible.
5. The data entered will not be stored by us, but may be stored by the respective payment service provider. The respective data protection regulations of the payment service provider apply.
§ 7 DELIVERY CONDITIONS
1. Delivery is made to the delivery address specified when ordering.
2. Unless otherwise expressly agreed in writing between the customer and us and provided the goods are available, the goods will be sent to the customer within approx. 3 - 5 working days after the order confirmation has been sent. If a delivery cannot be made within 3 - 5 working days after we have sent the order confirmation, we will inform the customer of this by email.
3. If the ordered goods are divisible and not all of the ordered products are in stock, we are entitled to make partial deliveries at our expense. A partial delivery will only be made if it is reasonable for the customer.
4. If we cannot deliver the goods to the customer despite attempting to deliver and / or making them available for collection along with information, we may withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
§ 8 WARRANTY / DAMAGES
1. The statutory provisions for warranty apply to new goods. Wear and tear resulting from normal use of the item are excluded from the guarantee.
2. We will support the customer in asserting claims from guarantees from third parties, in particular those of the manufacturer, which are not assumed by us, unless something else is expressly agreed.
3. Our warranty is limited to one year for used items.
4. We exclude liability for damage caused by simple negligence, insofar as this does not result from the breach of essential contractual obligations or damage from injury to life, limb or health or claims under product liability law.
5. The same applies to breaches of duty by our vicarious agents and representatives.
6. In the event of a breach of essential contractual obligations, liability in cases of simple negligence is limited to damage that is typically associated with the contract or that is foreseeable.
§ 9 RETENTION OF TITLE
We reserve ownership of all objects delivered, sold or installed by us until the purchase price / contract price including any ancillary claims has been paid in full. The customer must treat the items that are still our property in accordance with the retention of title with care, take necessary maintenance and repair measures at their own expense and, insofar as this is reasonable, adequately insure the items. If third parties make claims regarding the reserved items - regardless of the procedure - the customer is obliged to inform us immediately.
§ 10 CONSUMER'S RIGHT OF WITHDRAWAL
If the customer is a natural person who concludes a legal transaction for the purpose that can neither be attributed to their commercial nor their independent professional activity (consumer), the customer has a right of withdrawal according to § 312 g in conjunction with. § 355 BGB.
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from the concluded contract within 14 days without giving any reason. The right of withdrawal is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods, within the scope of an order for several goods in a single order that are delivered separately from the day on which you or a third party named by you who is not the carrier took possession of the last goods. This does not apply to goods which have been specially manufactured or ordered for the customer.
In order to exercise your right of withdrawal, you must inform us:
At the brook 4
Telephone: 0049 (0) 8124/9099167
by means of a clear declaration (e.g. letter or email) of your decision to withdraw from the contract you have entered into. To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from the concluded contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheap standard delivery we offer have chosen) to be repaid immediately, at the latest within 14 days from the day on which we received notification of your cancellation of the contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have to return or hand over the goods to TGP Moto Racing, Am Bach 4, 85659 Forstern immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of the contract. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 40.00. If the goods were delivered directly by us, we will collect the goods at our expense.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Special notes for contracts for services:
If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to the contract Compared to the total scope of the services provided for in the contract.
- End of revocation -
§ 11 DATA PROTECTION / EXTERNAL LINKS
1. Both parties agree to the storage of personal and factual data necessary for the business relationship. The data required for business transactions are stored in compliance with the applicable data protection regulations. In this regard, we refer to our data protection provisions on our website www.tgp-shop-com
2. All brands, trade names or other commercial trademarks used on our website http://www.tgp-shop.com are the property of their respective owners.
3. Use of the content and information made available on our website is entirely at the customer's own risk. We do not accept any liability for any damage that may arise.
4. Despite careful regular checks of the content of the external links on our website, we assume no liability for the content of these links. The respective operator is solely responsible for the content of the linked pages.
§ 14 APPLICABLE LAW / SEVERABILITY CLAUSE
1. German law applies exclusively, excluding international private law and the UN sales law of April 11, 1980 (CISG).
2. Should a provision of our terms and conditions or a provision of the contract be or become ineffective, this does not affect the effectiveness of the remaining provisions or the contracts. In such a case, the customer and we are obliged to agree on a valid provision instead of the ineffective provision that comes as close as possible to the ineffective provision economically within the scope of what is legally permissible. If this is not possible, the statutory provisions apply instead of the ineffective provisions.
§ 15 SPECIAL REGULATIONS FOR ENTREPRENEURS, LEGAL PERSONS UNDER PUBLIC LAW AND PUBLIC LEGAL SPECIAL ASSETS
The regulations listed below apply exclusively to entrepreneurs (Section 14 BGB), legal entities under public law and special funds under public law. The aforementioned regulations of §§ 1-9, 11-14 also apply to these contractual partners, provided that the following regulations do not deviate from them.
1. Due date / delay / dunning costs
1.1. The agreed purchase prices / contract prices are payable by PayPal or prepayment. Payment on account is only permitted in the case of an expressly separate agreement with us. Our invoices are due for payment immediately without deduction. The terms of payment depend on a previous credit check by us. If necessary, we are entitled to request a deposit. In particular, the regulations of Section 6 Numbers 3, 5, 6 apply.
1.2. Financing (cf. § 6 number 4) is excluded.
1.3. The customer is in default with our reminder, but no later than 30 days after receipt of the invoice without an additional reminder. In the event of default, the statutory default interest shall apply until our claim has been paid in full (cf. § 288 Paragraph 2 BGB). In addition, in the event of default in payment or if there are specific indications of an impending insolvency of the contractual partner, we are entitled to refuse to fulfill the contract. In this case we are entitled to invoice parts of the order separately.
2. Transfer of risk
If the goods are sent to the contractual partner at the request of the contractual partner, the risk of accidental loss or accidental deterioration of the goods passes to the contractual partner when they are sent to the contractual partner, at the latest when they leave the factory / warehouse. If the handover is not possible for reasons for which we are not responsible, the risk is transferred to the contractual partner after notification of readiness for handover.
3. Retention of title, securities
3.1. We reserve title to the purchase item until all claims from the contract have been paid in full.
3.2. As long as ownership has not yet passed to him, the contractual partner is obliged to treat the purchased item with the necessary care. He is obliged to adequately insure the purchased item at its replacement value against damage caused by fire, water and theft at its own expense. In the event of seizures or other interventions by third parties, the contractual partner must notify us immediately in writing. The customer is liable to us for the extrajudicial and judicial costs of any necessary legal action according to § 771 ZPO.
3.3. The contractual partner is not entitled to pledge the goods or to assign them as security before the transfer of ownership. The contractual partner may resell the goods subject to retention of title in the ordinary course of business, but already now assigns all resulting claims and securities against the contractual partner's purchaser to secure our payment claim in the amount owed to us (extended retention of title). We accept this assignment.
3.4. If the contractual partner is in default with one or more payments in whole or in part, if he stops his payments or if insolvency proceedings have been applied for against his assets, the contractual partner may no longer dispose of the reserved goods. In such a case, we are entitled to withdraw from the contract without first having to set the contractual partner a deadline for the provision of the service. Even without withdrawing from the contract, we are entitled to demand the return of the reserved goods and to revoke the contractual partner's authorization to collect the claim from the resale.
4. Assignments, right of retention
4.1. The contractual partner cannot assign his claims to third parties.
4.2. The contractual partner is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship with us.
5. Warranty, statute of limitations, claims for defects
5.1. Warranty claims of the contractual partner require that he inspects the goods immediately after receipt of the goods in accordance with § 377 HGB and notifies us in writing of any defects discovered immediately, at the latest 3 days after receipt of the goods, specifying the defect in writing. Further claims due to obvious defects cannot be asserted. A hidden defect must be reported to us in writing immediately after it is discovered.
5.2. Claims for defects become statute-barred 12 months after delivery or after we have sent the goods to the contractual partner.
5.3. If there is a defect for which we are responsible, the contractual partner can only assert further rights (withdrawal from the contract or reduction in price) if he first gives us the opportunity to perform two subsequent performance (repair or replacement of the defective goods) within a reasonable period of time.
5.4. Claims for defects do not arise in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as damage that has arisen after the transfer of risk as a result of incorrect or negligent treatment or excessive use. If improper repair work or changes are carried out by the contractual partner or a third party, no claims for defects exist for these or the consequences thereof.
5.5. We are entitled to charge the contractual partner with such additional costs of subsequent performance (rework or new delivery), in particular transport costs, travel costs, labor and material costs, than these costs for moving the delivery item / object of purchase by the contractual partner to a location other than the Place of supplementary performance arise.
5.6. In the event of the unjustified assertion of claims for defects by the contractual partner for which we are not responsible, we are entitled to demand the reasonable costs incurred to determine or repair the damage from the contractual partner.
5.7. The contractual partner's right of recourse against us only exists insofar as the contractual partner has not made any agreements with his customer (third party) that go beyond the legally mandatory claims for defects.
6. Claims for damages
6.1. Claims for damages and reimbursement of expenses due to defects are excluded if we cannot perform the supplementary performance for reasons for which we are not responsible. Claims for damages due to defects or due to defects or consequential damage are excluded, unless we caused the defect through gross negligence or intent.
6.2. Claims for damages against us, our representatives and our vicarious agents that are not based on negligent injury to life, limb, health and / or an intentional or grossly negligent breach of duty by one of our representatives or vicarious agents are excluded.
6.3. Claims for damages due to other damages that are due to a non-grossly negligent breach of duty on our part or a non-intentional or grossly negligent breach of duty by our representatives or one of our vicarious agents are excluded. In the event of negligence, our liability is limited to typical and foreseeable damage.
6.4. Claims for damages become statute-barred after 12 months.
7. Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the competent court at our registered office (Erding District Court).
§ 16 GENERAL INFORMATION REQUIREMENTS FOR ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ART. 14 para. 1 ODR-VO AND § 36 VSBG (CONSUMER DISPUTE Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ .
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.