Terms of service

General terms and conditions (GTC) and consumer information
as of: 03/2020
General terms and conditions and consumer information in the context of purchase contracts which
are closed via the online shop between Giesling Motorsport -
hereinafter referred to as "seller" - and the customer - hereinafter referred to as "customer" .

§ 1 scope and general information

(1) Subject to individual agreements and agreements that take precedence over these terms and conditions, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) The customer is a consumer, insofar he concludes the contract for purposes that are predominantly neither his commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

§ 2 Conclusion of contract
(1) The contract is concluded with:

Giesling Motorsport
Patrick Giesler
Hauptstrasse 13
77796 Mühlenbach
Germany

(2) The essential characteristics of the goods result from the respective product description set by the seller.

(3) All offers in the online shop of the Sellers only provide a non-binding E invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of his order from the seller, usually by email (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The ordering process in the seller's online shop works as follows:

(4) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to basket" button. By clicking on the "Shopping Cart" button, the customer gets an overview of the selected products. Using the "Buy Now" button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the entered order as well as the entered data at any time using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller issues a declaration of acceptance, which is sent in a separate email.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

(1) The subject of the contract are the goods and services specified by the customer in the context of the order and the order and / or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved there, especially with regard to the availability of goods.

(2) The nature of the goods ordered results from the product descriptions in the online shop . Images on the website may only reflect the products inaccurately; colors, in particular, can vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, size and performance description are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.

(3) If the customer did not order the product at the time of ordering the selected product is available, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product specified by the customer in the order is only temporarily unavailable, the Seller also informs the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

§ 4 delivery, prices, shipping costs

(1) The goods are delivered to the shipping company no later than 7 working days after receipt of the money. The delivery time is up to 14 working days. The seller will point out any different delivery times on the respective product page.
(2) Delivery only within the EU and Switzerland (Lichtenstein)

(3) All article prices include VAT. The prices indicated are retail prices plus shipping costs. The customer receives an invoice with VAT.

§ 5 payment
  • Cash on collection
  • advance payment
  • PayPal
  • credit card (Visa, Maestro, Mastercard, American Express)
  • Klarna Buy it now
  • Klarna invoice purchase
  • Shop Pay, Apple Pay, Google Pay

§ 6 transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to report these errors to the deliverer immediately and to contact the seller as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for the customer's statutory warranty rights, but does help the seller to make his own claims against the carrier or the transport insurance g to be able to assert.

§7 warranty for material defects
(1) The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB.

(2) The goods delivered by the provider are only guaranteed if if this was expressly given in the order confirmation for the respective article.

(3) You can submit complaints and claims for defects under the
Provide the provider address given address.

§ 8 retention of title
The delivered goods remain until full payment Goods owned by the seller.

§ 9 liability
The legal regulations apply.
§ 10 contract text
The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the general terms and conditions will be sent to the customer by email. After completing the order, the order details are no longer accessible on the Internet for security reasons.

§ 11 final provisions
(1) The contract language is German.

(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer Exclusion of laws on the international purchase of movable goods application. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn from the
customer.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his
place of residence or his usual place of residence is not known at the time the action is filed.