§ 1 Scope of Application, Contracting Parties, and Definitions
(1) These General Terms and Conditions (hereinafter „GTC“) apply to all contracts for the delivery of goods concluded between a consumer (hereinafter „Customer“) and the provider of the online shop race-loft.de (hereinafter referred to as „Seller“) concludes.
(2) The product range is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) with a place of residence and delivery address within the Federal Republic of Germany. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
(3) Deviating or conflicting conditions of the customer shall not be recognized unless the seller has explicitly agreed to their validity in writing.
§ 2 Conclusion of Contract and Ordering Process in the WooCommerce Shop
(1) The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
(2) The customer can submit the offer via the online order form integrated into the online shop. In doing so, the customer places the selected goods in the virtual shopping cart, goes through the electronic ordering process, and clicks the button concluding the ordering process („Place order with obligation to pay“) submits a legally binding offer for the goods contained in the shopping cart.
(3) Conclusion of contract when paying via PayPal: Since PayPal is the sole payment method offered, the contract is concluded, deviating from paragraph 2, at the exact moment the customer confirms the payment instruction to PayPal and completes the ordering process by clicking the „Order with obligation to pay“ button.
(4) After submitting the order, the customer will receive an automatic order confirmation via email containing the order details, these Terms and Conditions, and the cancellation policy.
§ 3 Prices, Shipping Costs, and Small Business Status (§ 19 UStG)
(1) All prices listed are total prices in euros.
(2) Note according to § 19 UStG: The seller is a small business owner within the meaning of Section 19 of the German VAT Act (UStG). Therefore, no value-added tax (VAT) is charged and it is not shown on the invoices.
(3) The stated prices do not include shipping costs. Any additional delivery and shipping costs incurred are shown separately in the respective ordering process and in the shipping cost overview and shall be borne by the customer.
§ 4 Terms of Payment
(1) The customer has access exclusively to the payment method PayPal available.
(2) If the PayPal payment method is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use. Payment is due immediately upon conclusion of the contract.
§ 5 Terms of delivery and shipping
(1) The delivery of goods shall be made by shipping to the delivery address specified by the customer. Delivery is made exclusively within Germany.
(2) The delivery time is, unless stated otherwise for the respective goods in the online shop, 3 to 5 business days. The delivery period begins on the day after the conclusion of the contract or the issuance of the payment instruction to PayPal.
(3) If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment, if the customer is responsible for the circumstance that made delivery impossible or if the customer was temporarily unable to accept the service offered, unless the seller had notified the customer of the service a reasonable time in advance. This does not apply to the costs of the initial shipment if the customer effectively exercises his right of withdrawal.
§ 6 Retention of Title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
§ 7 Liability for defects (warranty)
(1) The statutory provisions for liability for defects (§§ 434 et seq. of the German Civil Code [BGB]) shall apply.
(2) If the goods are defective, the customer is entitled to statutory rights.
(3) The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. However, non-compliance has no effect whatsoever on the customer's statutory warranty claims.
§ 8 Liability
(1) The seller shall have unlimited liability:
- in cases of willful misconduct or gross negligence,
- for injury to life, body or health,
- pursuant to the provisions of the Product Liability Act and
- within the scope of a guarantee assumed by the seller.
(2) In the event of a slightly negligent breach of an obligation whose fulfillment is essential for the proper execution of the contract and upon whose compliance the contractual partner may regularly rely (cardinal obligation), the seller's liability is limited in amount to the damage that is foreseeable and typical for the contract given the nature of the transaction in question.
(3) Otherwise, the seller's liability is excluded.
§ 9 Right of withdrawal
Consumers generally have a statutory right of withdrawal. Detailed information on the right of withdrawal, the conditions, and the consequences can be found in the separate Cancellation policy of the seller.
§ 10 Applicable Law, Consumer Dispute Resolution
(1) All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall apply only to the extent that protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withheld.
(2) The European Commission provides a platform for online dispute resolution (ODR). [Note: Please note the current status of the OS platform; after setting/change, the following sentence 3 is sufficient]
(3) The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
