Terms and Conditions

T&Cs
 
Cancellation policy:
You have the right to cancel your contract agreement without stating any reason within 14 days in written form (e.g. letter, fax or e-mail) or return the goods if they have been sent to you before the end of the deadline. The deadline begins after receiving this instruction in written form, but not before the receiver has received the goods (in the case of repeat deliveries of the same goods – not before receipt of the first partial delivery) and also not before fulfilling our information requirements in accordance with Article 246 Section 2 in conjunction with Section 1 Paragraph 1 and 2 of the Introductory Law of the Civil Code (EGBGB) and our obligations in accordance with Section 312e Paragraph 1 Sentence 1 of the Civil Code (BGB) in conjunction with Article 246 Section 3 of the EGBGB. A timely dispatch of the cancellation or the goods shall suffice to meet the cancellation deadline.
The cancellation is to be addressed to:
 
racewear24 GmbH
ring° boulevard 2
DE-53520 Nürburg
Tel: +49 (0)2244/9000-3
Fax: +49 (0)2244/9000-59
E-mail: info@racewear24.de
 
EU Commission’s online dispute resolution platform: 
http://ec.europa.eu/consumers/odr
 
Consequences of cancellation:
In the event of an effective cancellation, the consideration received by both parties and any benefit received (e.g. interest) shall be returned. In the event that you cannot return the service received in whole or in part or only in a worse state, you shall be obliged to compensate us for any loss of value, where applicable. In the case of retuning the goods, this is not applicable when the deterioration of the goods is due exclusively to trying the goods, as you would have been able to do in a retail shop.
Furthermore, you can avoid the obligation to compensate for a deterioration caused by using the goods as intended, by not using the goods as though they were your property and by avoiding anything which impairs their value. Goods consignable by parcel shipment are to be returned at our risk. You must bear the costs of the return consignment. Obligations to reimburse payments must be met within 30 days. This period starts for you upon sending your notice of cancellation or return of the goods, and for us upon receipt of the same.
 
In the event that such a right of cancellation according to the provisions of the Distance Selling Regulations is exercised, the contract parties agree that regular return expenses shall be borne by the consumer.
 
The contract text is saved by racewear24 GmbH but is no longer retrievable after dispatching the order. However, the order information can be printed directly before placing the order via the browser’s print function. Furthermore, the Customer shall receive the contractual provisions including these T&Cs together with the consumer information on distance selling in text form.
 
General Terms and Conditions (T&Cs)
 
1. Scope of validity
These terms and conditions of the corporation racewear24 GmbH, ring° boulevard 2 in DE-53520 Nürburg, hereinafter “Seller”, shall apply to all sales, deliveries and services of the Seller that the Customer purchases from the Seller via the company racewear24 GmbH’s online shop or via other means of distance communication in accordance with Section 312 b Paragraph 2 of the BGB. 
 
2. Conclusion of contract for the online shop
The product descriptions and illustrations depicted in the online shop are not a legally binding offer, but instead a non-binding online catalogue. By clicking the button “Submit order”, you place a binding order for the goods contained in the shopping basket. The placement of the order is immediately confirmed after it has been submitted and does not represent an acceptance of contract. We can accept your order by sending you an order confirmation by e-mail or by notifying you of dispatch of the goods within two days.
 
2.1 Incorrect entries 
Incorrect entries can be rectified by cancelling the purchase process and starting the ordering process from the beginning, where appropriate.
 
3. Prices and terms of payment
 
3.1 The Seller’s indicated prices are to be understood as final prices, i.e. they contain all price components, including the statutory German value added tax, which in turn is indicated separately. In the event of cross-border shipments, further expenses and taxes (e.g. customs duties and charges) may arise on a case-by-case basis, which must be paid by the Customer. You can find further information on the Internet at:
 
http://ec.europa.eu/index_en.html
http://ec.europa.eu/index_en.htm
http://xtares.admin.ch/tares/login/loginFormFiller.do
 
Payment options at racewear24 GmbH
 
Pre-payment
After placing your order, you transfer the invoice amount to our account in advance; please transfer the amount within seven days. Your order will be shipped as soon as your payment has reached our account. This is particularly practical for orders from other European countries. Since 1 July 2003, you only pay the fees of a domestic transfer if you use the IBAN/BIC codes correctly. The account information required to make the transfer will be sent to you via e-mail immediately following your order.
 
PayPal
You can find further information here. 
 
 
3.4 Payments with discharging effect (bank transfer) may only be made directly to the bank or giro account indicated by the Seller.
 
3.5 The Customer may only exercise his/her right of retention if his/her counterclaim is based on the same contractual relationship.
 
4. Delivery and shipping terms and transfer of risk
 
4.1 The delivery of goods is effected by standard methods of shipping.
 
4.2 Generally the risk of accidental destruction or deterioration of the sold goods is transferred when the goods are delivered to the Customer or a person authorised to accept the goods. If the Customer is a business (acting in the course of carrying out his business or professional activities; Article 14 of the BGB), the risk of accidental destruction and deterioration, in the event of sales shipment from the Seller’s registered office, passes to the authorised carrier.
 
5. Cost paying agreement
If you choose to make use of your right of cancellation, you must bear the regular return expenses, if the goods supplied correspond to those ordered. Otherwise, the return is free of charge for you.
 
6. Retention of title
The delivered goods remain property of the Seller until they have been paid for in full.
 
7. Liability for defects
If the object of the sale is deficient, the legal provisions shall apply. The following apply by way of derogation:
 
7.1 For consumers, the limitation period for claims for defects for new goods is two years from delivery of the goods to the Customer and one year for used goods from delivery of the goods to the Customer. However, the statutory limitation periods remain unaffected in the event of a deliberate or grossly negligent breach of duty on the part of the Seller, if a defect is fraudulently concealed, in the event of liability arising from guarantee undertakings and in the event of loss of life, bodily injury or damage to health. However, the statutory limitation periods remain unaffected in the event of a deliberate or grossly negligent breach of duty on the part of the Seller, in the event of fraudulent intent, in the event of liability arising from guarantee undertakings and in the event of loss of life, bodily injury or damage to health or as far as it is about the right in rem of a third party, on the basis of which surrender of the delivered item may be demanded. The statutory limitation periods also remain unaffected in the event of simple or slight negligence, as far as this negligence is related to the violation of contractual obligations that can only be met by duly executing the contract and on compliance with which the Customer may ordinarily expect to be able to rely (so-called cardinal duties). In the case of slight negligence of obligations that are not covered in section 1 and/or section 2 (so-called insignificant contractual obligations), the limitation periods shall also remain unaffected for the consumer.
 
7.2 For businesses, the limitation period for defects is one year from the transfer of risk, in the case of new goods. If the rights and claims for defects in the case of used products are excluded, the limitation period does not begin again if a replacement is effected within the framework of defect liability. However, the statutory limitation periods remain unaffected in the event of a deliberate or grossly negligent breach of duty on the part of the Seller, in the event of fraudulent intent, in the event of liability arising from guarantee undertakings and in the event of loss of life, bodily injury or damage to health or as far as it is about the right in rem of a third party, on the basis of which surrender of the delivered item may be demanded. The statutory limitation periods also remain unaffected in the event of simple or slight negligence, as far as this negligence is related to the violation of contractual obligations that can only be met by duly executing the contract and on compliance with which the Customer may ordinarily expect to be able to rely (so-called cardinal duties). In the case of slight negligence of obligations that are not covered in section 1 and/or section 2 (so-called insignificant contractual obligations), the limitation periods shall also remain unaffected for the consumer.
 
7.3 However, the statutory limitation periods for the recourse claim in accordance with Section 478 of the BGB remain unaffected; the same applies in the event of a deliberate or grossly negligent breach of duty on the part of the Seller, if a defect is fraudulently concealed, in the event of liability arising from guarantee undertakings and in the event of loss of life, bodily injury or damage to health.
 
8. Data protection
 
8.1 Personal data will only be collected if you, the Customer, give it to the Seller for contract processing. The personal data entered on this occasion will only be used for processing the contract and the Customer's requests. Personal data will only be transferred to third-parties at affiliated companies and partner companies (e.g. GLS, DHL) if this is necessary for the fulfilment of the contract and the Customer is notified of this before the contract is concluded. The Customer’s data will especially not be used for advertising purposes.
 
9. The contractual language shall be German. 
 
10. Applicable law
 
10.1 All legal relationships of the parties are subject to the laws of the Federal Republic of Germany except for the laws about the international purchase of movable goods.
 
10.1.1 In the case of consumers, who do not conclude the contract for professional or commercial purposes, this choice of law is valid insofar as the afforded protection is not deprived by obligatory provisions of the law of the state in which the consumer has his habitual place of residence.
 
10.2 If the Customer is a merchant, legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Buyer. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or if its residence or permanent address is not known at the time the issue is raised. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
 
11. Copyright
All contents (images, text, etc.) are subject to copyright by racewear24 GmbH or the respective owner. Such material shall only be used and published with written permission and reference to the source. Contraventions will be prosecuted under civil and criminal law.
 
Data protection information
 
We take the protection of the personal data of our customers and those interested in our offers very seriously and would like to disclose the following with regard to how we use personal data.
 
1.
Personal data is collected when you visit or use our website. Personal data is understood as inventory data, for example a person’s name, address and usage information (e.g. password, IP address).
Data which is provided to us by customers in connection with orders in our online shop, such as in particular invoice and delivery addresses and other information required to process the order, is necessary for the justification, execution and processing of the contracts as well as for the purpose of future customer service and customer care and we process and use the data accordingly. We use the data given to us in this respect to process orders, deliver goods and services and process payments. No further communication of personal data to third parties takes place; in particular, the data is under no circumstances sold or forwarded for other reasons to third parties.
When opening a customer account, the basic data supplied and usage data are stored separately. This means that in future you can log in with the e-mail address and password you have provided without having to re-enter all the details.
Insofar as third parties are commissioned to carry out tasks – such as the delivery of shipments of goods and packages or the processing of payments – personal data is made available to them that is required to fulfil their tasks. The data is not used for other purposes; they are obliged to treat the information received according to this privacy statement and the German Federal Data Protection Act.
 
2.
The e-mail address collected with the order will not be automatically processed or used for marketing measures, such as sending information for advertising purposes via e-mail (newsletter). Customers do, however, have the opportunity to subscribe to the newsletter we offer.
 
3.
In order to explain how the protection of the data is assured and which data is collected for which purpose, we provide information about the data processing in detail. The data sent to us by the individual user’s browser (server logs) is automatically stored away into the inevitable statistics of the server. However, this data cannot be traced back to individuals. A consolidation of the retained data with other data sources does not occur.
Stored data specifically refers to the following:
– Browser type/version
– Operating system used
– Referrer URL (origin URL)
– IP address of the accessing computer
– Time of the server request
– Visited HTML pages
When you log into the login area, the date, time and the current login identification will also be stored.
 
4.
Temporary cookies in the form of alphanumeric identifiers are set in the (virtual) shopping cart and are deleted when the browser is closed. The online shop can also be used without cookies if these have been blocked by the user. Furthermore, if the user does not block the positioning of cookies, the user identity is retained in encrypted format without corresponding personal data in order to enable a simplified login. With the help of cookies, usage data is collected, processed and used to steer the activities within the online shop. The cookies especially serve to facilitate an easier login and the listing of product views already selected as well as the summarized display of several products in the (virtual) shopping basket. The data in your shopping basket remains stored there until you either delete it or finalise your purchase.
 
5.
Cookies also log if you were referred to our online shop via links on an external website (so-called affiliate or price-comparison tracking). With the help of cookies, usage data is collected, processed and used to determine whether you were referred to our online shop via an affiliate or price-comparison website. If the user accepts the positioning of these cookies, they will be deleted on expiry of a thirty-day period at the latest.
 
6.
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, text files that are stored on your computer to analyse your use of the website.
The information generated by this cookie concerning your use of this website (including your IP address) is transferred to one of Google's servers in the USA, where it is stored. Google will use this information to evaluate your use of the website, to produce reports on website activities for their operators and to provide other services related to the use of the website and of the Internet.
Google will also transfer this information to third parties if necessary, provided that this is required by law or insofar as third parties have been commissioned to process this data by Google. Under no circumstances will Google connect your IP address with other data retrieved by Google.
You can adjust your browser software to prevent the installation of cookies; we would like to point out, however, that if you do so, you might not be able to make full use of all the functions on this website.
Through the use of this website, you express your consent to the processing of data collected by Google about you in the manner described above and for the purposes previously mentioned.
The collection and storage of data by Google Analytics may be refused at any time with effect for the future. You can find out more at https://tools.google.com/dlpage/gaoptout?hl=en.
 
7.
This website uses so-called social plugins (“plugins”) from the social networking site Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, US (“Facebook”). The plugins are indicated by the Facebook logo or by the “Social plugin by Facebook” or “Facebook Social Plugin” description. You can find an overview of the Facebook Plugins and what they look like here: http://developers.facebook.com/plugins
When you access a page of our website that contains such a plugin, your browser sets up a direct link to the Facebook servers. Facebook sends the plugin's content directly to your browser, which integrates it into the website.
Through integration of the plugin, Facebook obtains the information that you have accessed the relevant page on our website, even if you do not have a Facebook account or are currently not logged into Facebook. This information (including your IP address) will be sent directly from your browser to a Facebook server in the US, where it is stored.
If logged into Facebook, Facebook can directly associate your visit with your Facebook account. If you interact with the plugins, for example by clicking the “Like” button or leaving a comment, the corresponding information is also transmitted directly to one of Facebook’s servers and stored there. The information will also be published on Facebook and will be visible to your Facebook friends.
Facebook may use this information for the purposes of advertising, market research and the user-oriented design of the Facebook pages. For this purpose, Facebook creates profiles regarding usage, interests and relationships, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide further services related to the use of Facebook.
If you do not wish Facebook to allocate the data collected via our website to your Facebook account, you must log out from Facebook before visiting our website.
For information on the purpose and extent of data capture and the further processing and use of data by Facebook, as well as your rights in this regard and the settings available for the protection of your privacy, please see Facebook’s privacy policy: http://www.facebook.com/policy.php
 
8.
You have a right to be provided with information free of charge relating to your stored data and where applicable, a right to have this data corrected, blocked or erased. We can provide details about the stored personal data to the extent already specified – especially the details provided by customers in connection with orders. Consent given regarding the processing of your data may be retracted at any time with effect for the future – this can be done in writing to the address below or by sending an e-mail.
If you have any further questions about data processing, please get in touch with Mr Robert Zaun at the following address.
 
Supplier identification: 
 
racewear24 GmbH
ring° boulevard 2
DE-53520 Nürburg
Tel: +49 (0)2244/9000-3
Fax: +49 (0)2244/9000-59
info@racewear24.de
 
Managing Director:
Robert Zaun
 
VAT identification number: DE267 459 780