Terms and conditions
Note: translation provided for convenience. The German version is legally binding.
1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade or self-employed professional activity. A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
Towards businesses these terms also apply to future business relationships without our having to refer to them again. If a business uses conflicting or supplementary terms and conditions, their applicability is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Racing23 GmbH.
The presentation of products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided and explained in the order process. By clicking the order button you submit a binding order for the goods in the cart. Confirmation of receipt of your order is sent by email immediately after submitting the order.
Payment is initiated as soon as you submit your order, whichever payment method you choose at checkout. We accept your order by sending a declaration of acceptance in a separate email or by dispatching the goods within three days. If we do not accept the order within that period it is deemed rejected, and we refund any payment already made without undue delay.
3. Contract language, storage of contract text
The language available for concluding the contract is German. We do not store the contract text.
4. Delivery conditions
Shipping costs are added to the stated product prices. You will find details on the amount of shipping costs when completing your order. We do not deliver to parcel lockers (Packstationen).
5. Payment
The following payment methods are available in our shop: credit card (Visa, Mastercard, Maestro and others), PayPal, Klarna, Shop Pay and Google Pay. Which of them you are actually offered depends on your country, your currency and your device; you see the selection available for your order during checkout.
6. Retention of title
The goods remain our property until full payment. For businesses the following also applies: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from such resale in the amount of the invoice total - regardless of any combination or mixing of the reserved goods with a new item - and we accept this assignment. You remain authorised to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please report such faults to the carrier as soon as possible and contact us immediately. Failing to make a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us assert our own claims against the carrier or the transport insurer.
8. Warranty and guarantees
Unless expressly agreed otherwise below, statutory liability for defects applies. When consumers buy used goods: if the defect occurs more than one year after delivery, claims for defects are excluded. Defects occurring within one year of delivery can be asserted within the statutory limitation period of two years from delivery. For businesses the limitation period for claims for defects on newly manufactured items is one year from the transfer of risk. Used goods are sold excluding any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Towards businesses, only our own information and the manufacturer's product descriptions incorporated into the contract count as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising. If the delivered item is defective, we will, towards businesses, initially provide a remedy at our choice by removing the defect or by delivering a defect-free item. The above limitations and shortened periods do not apply to claims for damages caused by us, our legal representatives or vicarious agents: in cases of injury to life, body or health; in cases of intentional or grossly negligent breach of duty as well as fraud; in cases of breach of essential contractual obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations); within the scope of a guarantee promise, where agreed; and where the scope of the Product Liability Act is opened. Information on any additional guarantees that apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
9. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in cases of injury to life, body or health; intentional or grossly negligent breach of duty; guarantee promises, where agreed; or where the scope of the Product Liability Act is opened. In the event of a breach of essential contractual obligations (cardinal obligations) through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical for the contract. Otherwise claims for damages are excluded.
10. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final provisions
If you are a business, German law applies excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
