General terms and conditions of business
- Geltungsbereich For all deliveries of Kiks-Racing to consumers these General Terms and Conditions (GTC) apply. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
- ContractorsThe purchase contract is concluded with Kiks-Racing, owner: Matthias Jacobi, Billhorner Brückenstraße 40, 20539 Hamburg.
- Conclusion of contract – The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
– By clicking the button “Order now subject to payment” you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation by e-mail after receiving your order.
- Right of withdrawal– If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
– If you, as a consumer, make use of your right of revocation in accordance with section 5, you shall bear the regular costs of the return shipment.
– In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following
- Cancellation policy¹
Right of withdrawalYou have the right to cancel this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform Kiks-Racing (Billhorner Brückenstraße 40, 20539 Hamburg, Tel. 01705294977, info@kiks-racing.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, but it is not mandatory. You can download and submit the sample cancellation form from our website (www.kiks-racing.com). If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
– End of the cancellation policy –(¹This cancellation policy does not apply to the separate delivery of goods).
- Prices and shipping costs
– The prices stated on the product pages include the statutory value added tax and other price components.– In addition to the stated prices, we charge for delivery within Germany. The shipping costs are clearly communicated to you on the product pages, in the shopping cart system and on the order page.
- Delivery– Delivery shall only be made within Germany.
– Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
– The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the customer’s obligations. We reserve the right to plead non-performance of the contract.
- Payment– Payment is made optionally on invoice with a payment term of 10 days or invoice with prepayment.
– If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
- Retention of title – Until full payment, the goods remain our property.
- Warranty– Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB) with the following modifications:
– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
- Final provision– Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
– Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).