Terms and Conditions

Exemption from Liability

Terms and Conditions

  1. General
  2. Orders / Conclusion of Agreement
  3. Delivery, partial delivery, default of acceptance, transport risks and delivery terms
  4. Warranty / Exclusion of liability
  5. Buyer Information according to the regulations of the Distance Selling Act (FernAbsG)
  6. Duty of care
  7. Reservation of proprietary rights
  8. Prices and payment conditions
  9. Jurisdiction for purchase orders and payments
  10. Validity
  11. Miscellaneous

1

General

1.1

The Racing24GmbH, in the following “bootslenkrad.de”; referred to as, sold, and delivered only on the conditions below (Terms and Conditions) with the status as stated valid on the day of the order. Verbal agreements are invalid. Statements and commitments are binding only after written confirmation through bootslenkrad.de. This is also valid in the case of conflicting terms and conditions of the purchase on the part of the buyer. These are suspended through the terms and conditions (AGB) of bootslenkrad.de. Bootslenkrad.de does not recognize such conditions even if bootslenkrad.de has not explicitly expressed that. The Racing24GmbH is located at 15711 Königs Wusterhausen near Berlin. Bootslenkrad.de operates trade in boat accessories.

1.2

All offers are non-binding. In particular, bootslenkrad.de reserves the right to technical and pricing changes at any time.

2

Orders / Conclusion of Agreement

2.1

Orders are binding for Bootslenkrad.de only after the time of receipt. Bootslenkrad.de expressly reserves the right to accept the order. Furthermore, bootslenkrad.de can refuse any order at any time without providing reason. In this case, no contract stands.

3

Delivery, partial delivery, default of acceptance, transport risks and delivery terms

3.1

If accessories of any kind are delivered incorrectly or are unusable due to unclear, missing, or omitted information provided by the purchaser, the purchaser shall bear the entire risk. Claims of damages of any kind are excluded in this respect.

3.2

If the buyer does not expressly require an order confirmation, the sent or enclosed invoice shall serve as the order confirmation.

3.3

Bootslenkrad.de determines exclusively the selection of the transport company. Liability for the determination of the cheapest shipping is not assumed by bootslenkrad.de.

3.4

All deliveries shall be made at the risk of the seller. Damaged goods may be accepted by the buyer until the damage has been recorded and recognized by the transport company. In the case of noncompliance, the buyer must assume the resulting damage. Goods damaged in transport can only be returned to bootslenkrad.de after consultation.

3.5

The buyer bears the direct cost of returning the goods.

4

Warranty / Liability for material defects / Exclusion of liability

4.1

Obligation of warranty for bootslenkrad.de is 24 months. No independent obligations of promises of guarantee from the manufacturers can be derived from bootslenkrad.de.

4.4

In case of defect, bootslenkrad.de is entitled to offer the buyer a reduction in the purchase price. The amount of reduction will be negotiated in agreement between the buyer and bootslenkrad.de. Otherwise, bootslenkrad.de will, at it’s own determination, provide a replacement or will make efforts to remedy, or rather, give a commission. The substitution for defective goods is limited exclusively and in every case to the pure replacement of parts. If the same defect occurs again after the second replacement or repair, the buyer has the right to cancel the contract. In any case of defect, the goods must be available to bootslenkrad.de.

4.5

In every case of repair or replacement, bootslenkrad.de is not obliged to provide replacement due to failure of the buyer.

4.6

Claims for defects, in particular, for damages, are excluded. Excluded from this is intent and gross negligence on the part of bootslenkrad.de. In addition, general exclusions include all consequential damages or damages caused by inappropriate or professional and improper treatment, installation, use, or commissioning of the parts supplied by us.

5

Buyer Information according to the regulations of the Distance Selling Act (FernAbsG)

5.1

The buyer is entitled to a right of revocation according to the applicable provisions of distance contracts corresponding to the following information.

5.2

Cancellation Policy

Right of Cancellation

You have the right to withdraw from this contract within 1 month without giving reason.

The withdrawal period is 1 month from the date on which you or a third party named by you who is not the carrier has taken possession of the goods. To use your right of withdrawal, you must send notice by means of a clear statement about your decision to withdrawal from this contract (via letter by mail or email sent to RACING24GmbH Potsdamer Str. 52a 15711 Königs Wusterhausen, email: mail@bootslenkrad.de, phone: 0800-2108080). You can use the attached withdrawal form, but that is not required. To comply with the cancellation period, it is sufficient to send the notice of cancellation before the expiration of the withdrawal period.

Consequences of Cancellation

If you withdrawal from this agreement, we will send all payments back to you which we have received, including delivery costs (with the exception of delivery costs that may have resulted from using a different type of delivery than the option we offer, which is the most cost-effective standard delivery) immediately and no later than fourteen days from the day on which the notification of your cancellation of this contract was received by us. For this repayment, we use the same payment method which was initially used in the original transaction, unless otherwise agreed with you; in no case will you be charged with repayment fees.

We may refuse to repay you until we receive the goods back or until you have provided proof that the goods have been sent back, whichever is earlier.

You must return the goods immediately, and in any case, no later than 14 days after you have sent notice of the cancellation of the contract to RACING 14 GmbH Potsdamer Str. 52a 15711 Königs Wusterhausen.

The deadline is met if you send the goods before the expiration of the 14 days.

You bear the immediate cost of returning the goods

 

You must pay for possible loss in the value of the goods if this loss of value is due to anything not necessary to the testing of the product, of its qualities, and of its functionality.

 

End of Cancellation Policy

5.3

The right to cancellation is stated in accordance with §312d Abs. 4 BGB, which includes but is not limited to the delivery of the goods that are made to customer specifications or clearly tailored to personal preferences or that are not suitable for return because of their nature.

5.4

If you withdrawal from this contract, we will send you all the payments that we have received from you including the delivery charges (with the exception of additional costs incurred by using a mode of delivery other than what we offer, which is the most cost-effective, standard form of delivery) immediately and no later than fourteen days after we have received notice of your wish for cancellation. For this repayment, we use the same payment method as the original transaction, unless otherwise agreed upon with you; in no case will you be charged repayment fees.

We may refuse to repay you until we receive the goods back or until you have provided proof that the goods have been sent back, whichever is earlier.

You must return the goods immediately, and in any case, no later than 14 days after you have sent notice of the cancellation of the contract to RACING 14 GmbH Potsdamer Str. 52a 15711 Königs Wusterhausen.

The deadline is met if you send the goods before the expiration of the 14 days.

You bear the immediate cost of returning the goods

 

You must pay for possible loss in the value of the goods if this loss of value is due to anything not necessary to the testing of the product, of its qualities, and of its functionality.

6

Duty of care

6.1

The buyer must ensure that all changes and modifications to his or her vehicle are registered if it is used in public transport, according to the legal and traffic regulations in the vehicle papers (vehicle registration and license). The buyer must present the vehicle to the technical inspection association (TÜV) if necessary. The responsibility for the TÜV registration of modified vehicles or their parts lies with the purchaser.

6.2

Unless it is expressly stated that goods offered in the area of StVZO is approved, bootslenkrad.de is not responsible for the compliance of the product in regards to the provisions of the aforementioned legislation. It is therefore necessary to inquire or to clarify whether the legal provisions are fulfilled when using the offered goods. The confirmation of bootslenkrad.de is only binding when it is given in writing.

7

Reservation of proprietary rights

7.1

The delivered goods remain the property of bootslenkrad.de until full payment from the purchaser. Payments are to be made directly to bootslenkrad.de. The buyer may not resell, pledge, or transfer the goods before payment.

7.2

The delivered goods are considered to be paid only when the purchase price is irrevocably and fully credited to the account of bootslenkrad.de.

8

Prices and payment conditions

8.1

The shipment occurs only according to the conditions of payment offered by bootslenkrad.de (for example, by cash on delivery, advance payment, PayPal, etc).

8.2

It will always be delivered at the price valid on the day of the order.

8.3

All prices in the catalog or on bootslenkrad.de’s website are in Euro and include the legal, applicable tax unless otherwise specified.

Cost of shipping, insurance, and packing are not part of the catalog prices and will be charged separately.

9

Jurisdiction for purchase orders and payments

9.1

The place of jurisdiction is the headquarters of bootslenkrad.de, provided that the buyer is a contractor.

German law applies.

10

Validity

10.1

The terms and conditions apply immediately. Prices as show in catalogs, the publication of the website bootslenkrad.de and/or the respective latest price list supersede and invalidate all previous catalogs and prices. If individual provisions of these general terms and conditions are not legally acquired, the remaining provisions are not effected. Deviances of the agreement and assurances of all types are required in writing. Bootslenkrad.de reserves the right to design and format changes. Bootslenkrad.de reserves the rights and ownership of pictures, drawings, sketches, and other documents unless they already belong to third parties (manufacturers, etc).

11

Miscellaneous

11.1

Reproduction and copying, including even partial reproduction and copying, is only allowed with the permission of bootslenkrad.de.

11.2

Bootslenkrad.de assumes no liability for misprints.

12

Standing

12.1

The standing of these terms and conditions is valid as of 29.09.2020

Disclaimer

  1. Content of Online Offerings
  2. References and links
  3. Copyright and trademark law
  4. Privacy
  5. Legal validity of this disclaimer
  6. Notes

 

1

Content of Online Offerings

Bootslenkrad.de does not take responsibility for the timeliness, accuracy, completeness, or quality of the information provided. Liability claims against bootslenkrad.de which are in regards to errors of material or immaterial nature and which were caused by use or misuse of information provided or by the use of incorrect or incomplete information are generally excluded provided that there was no demonstration of intentional or grossly negligent fault on the part of bootslenkrad.de. All offers are non-binding. Bootslenkrad.de reserves the right to change parts or the entire offer without prior notice, as well as to change, add to, delete, or cease publication temporarily or permanently.

 

2

References and links

Direct and indirect references from external websites are not the responsibility of bootslenkrad.de, and an obligation of liability would only occur in the case in which bootslenkrad.de has knowledge of the content and has the technical ability and reasonable possibility to prevent the use of illegal content. Bootslenkrad.de expressly declares, hereby, that that at the time of the linking, they had no knowledge of illegal content on linked websites. Bootslenkrad.de has no influence on the current or future design, content, or authorship of the linked pages. For this reason, bootslenkrad.de hereby expressly distances itself from all content of all linked pages after the link has been set. This statement apples to all content within the websites offered and set links and references as well as foreign entries in bootslenkrad.de’s guest books, discussion forums, and mailing lists. For illegal, incorrect, or incomplete content and, in particular, for damages resulting from the use or misuse of such information, the provider of the page for which the reference was made is the sole liable party, not the one who only links to the respective publication.

3

Copyright and trademark law

Bootslenkrad.de endeavors to observe in all publications, the copyright of all used graphics, sound resources, video sequences, and texts, including those graphics, sound resources, video sequences and texts which bootslenkrad.de creates itself as well as license-free graphics, sound resources, video sequences, and texts. All of the brands and trademarks named and, if applicable, protected by third parties that are contained within the website are subject without restriction to the provisions of the respectively applicable labelling law and the ownership rights of the respectively registered owner/s. The conclusion is not to be drawn solely on the basis of the simple naming of a trademark that it is not protected by the rights of third parties! The copyright for published objects that were created by bootslenkrad.de remains solely with bootslenkrad.de. Any reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permissible without the express permission of bootslenkrad.de.

4

Privacy

Provided that within the Internet supply there is the possibility for the petition of personal or business data (e-mail addresses, names, addresses) the surrender of this data is so carried out on the part of the user on an expressly voluntary basis. The use of the contact information published due to legal obligations, like mailing addresses, telephone or fax numbers, or well as e-mail addresses, by third parties for the purpose of sending information not explicitly requested is not permitted. The right is expressly reserved to undertake legal procedures against offenders sending so-called spam messages and who are therefore in violation of this prohibition.

5

Legal validity of this disclaimer

This disclaimer is to be considered an attachment to the terms and conditions. If parts or individual terms of this text no longer correspond or are not completely legally valid, the remaining parts of the document in content and validity remain untouched.

6

Notes

For the sake of readability, the male form was chosen to be used in the text. Nevertheless, the information applies to members of both genders.