Terms & Conditions

Terms of Service

 

1. General

 

1.1 Scope

These general terms and conditions apply in the version valid at the time the contract is concluded for all business relationships between us (Luethen Motorsport GmbH, Neuer Wall 84, 20354 Hamburg, represented by its managing director: Mr. Markus Lüthen) and you. If you use conflicting general terms and conditions, we hereby expressly object to them.

 

1.2 Contractual agreement

The contract language is German and English. In the event of disputes over the interpretation, the German version prevails. Customers in the sense of these general terms and conditions are both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB. Subsidiary agreements must be in writing

 

1.3 Registration

To use the full scope of this website, it is first necessary to create a customer account. The data required by us to provide the service is requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation email with the information required for a login. Only when you log in to our website for the first time with this information will the registration be completed.

The password, which gives you access to the personal area, must be treated strictly confidentially and may not be passed on to third parties. You take the appropriate and appropriate measures to prevent third parties from knowing your password. A customer account cannot be transferred to other users / customers or other third parties.

 

1.4 Conclusion of contract for individual orders

The contract is concluded individually through an offer and acceptance. Unless otherwise agreed, the usual procedure is to send us an inquiry and receive a binding offer from us, which you can then accept within two weeks. The contract comes into being upon acceptance. We do not store the text of the contract separately, but the content of the contract results individually from the agreement made.

 

1.5 Conclusion of contract via website

The presentation of the range in our online shop is initially subject to change and non-binding. The ordering process consists of four steps. In the first step you select the desired goods. In the second step, select either the option "Proceed to checkout" or "go directly to PayPal" in the shopping cart.

- If you have selected the "Proceed to checkout" option, you can enter your customer account data in the third step or select the option "Do not create a customer account" and enter your data, including the billing address and possibly a different delivery address, unless this is already stored in your customer account and then choose a payment method.

- If you selected the option "directly to PayPal", you will first be forwarded to PayPal. There you log in with your PayPal access data and click on "Next". This does not yet trigger a payment obligation, but leads to the return to our online shop in the next step.

- If you have selected the "Santander financing" option, you will first be redirected to the Santander Bank online system. There you log in with your access data and click on "Next". This does not yet trigger an obligation to pay, but after successful verification by the Santander Bank leads to the return to our online shop in the next step.

 

In the fourth step, you have the opportunity to check all details (e.g. name, address, form of payment, ordered items) again and correct any input errors before you confirm your order by clicking on the "order with payment" button. With the order you declare your contract offer binding. We will confirm receipt of the order immediately. This confirmation of receipt does not yet constitute a binding acceptance of your order. We are entitled to accept the contractual offer in your order within four working days after receipt of the order by email, fax, telephone, post or by sending the goods. The contract is concluded upon acceptance and if you have selected your debit via PayPal, it will then be carried out.

 

The contract text will be saved by us and will be sent to you in text form (e.g. email, fax or post) after submitting your order together with the present terms and conditions and customer information. However, you can no longer access the text of the contract via the website after submitting your order. You can print out the relevant website with the contract text using the print function of the browser.

2. Service and delivery

 

2.1 General

Luethen Motorsport GmbH is a company that, together with suppliers from all over the world, develops and manufactures special parts for vehicles (especially light alloy rims, body parts, performance enhancements, exhaust systems, chassis, parts for the interior) and distributes these components worldwide to end customers and resellers (car dealerships) , Importers, workshops etc.).

 

2.2 Service provision

We are entitled to have the contract or parts of the contract carried out by third parties.

 

2.3 Partial deliveries

We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, there are no additional shipping costs.

 

2.4 Delays in delivery and performance

Delays in delivery and performance due to force majeure and due to extraordinary and unpredictable events, which we cannot prevent even with the utmost care and which we are not responsible for (this includes, in particular, strikes, official or judicial orders and cases of incorrect or improper ones Self-delivery despite the relevant cover transaction), entitle us to postpone the delivery by the duration of the disabling event.

 

2.5 Exclusion of delivery

Mailbox addresses are not supplied.

 

2.6 Delay in acceptance

If you are in arrears with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for delay or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.

 

2.7 Performance time

Unless expressly agreed otherwise, we will deliver within 5 days. In the case of payment in advance, the start of the delivery period is the day after the payment order has been placed with the transferring credit institution, or in the case of cash on delivery payment or purchase on account, the day after the contract has been concluded. The deadline ends on the fifth day following. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day. We will inform you in good time about the delivery date.

3. Payment

 

3.1 Prices and shipping costs

As far as the customers are consumers, all prices include sales tax. As far as the customers are entrepreneurs, all prices are exclusive of VAT. The prices apply without delivery from the factory. Unless otherwise agreed, the prices are in euros. In addition, there are the separately stated costs for packaging and shipping, unless collection by you is agreed at our place of business. Additional duties and charges may apply when shipping to third countries

 

3.2 Payment options

In our online shop you can pay in advance, PayPal or Santander Bank financing.

 

3.2 Right of retention

You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

4. Cancellation policy for consumers in distance selling contracts

 

4.1 Cancellation policy for the delivery of goods that can be sent by parcel

 

Withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

 

To exercise your right of withdrawal, you must inform us (Luethen Motorsport GmbH, Neuer Wall 84, 20354 Hamburg, phone: +49 (0) 40-70383620, email: info@Luethen-Motorsport.com) by means of a clear statement (e.g. a Letters sent by post, fax or email) inform you of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

 

Consequences of cancellation

 

If you withdraw from this contract, we have made all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the 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 immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning goods that can be sent as parcels.

 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.

 

- End of revocation -

 

Exclusion of the right of withdrawal

The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.


4.2 Cancellation policy for the delivery of goods that cannot be sent by parcel (freight forwarding goods)

 

Withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

 

To exercise your right of withdrawal, you must inform us (Luethen Motorsport GmbH, Neuer Wall 84, 20354 Hamburg, phone: +49 (0) 40-70383620, email: info@Luethen-Motorsport.com) by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

 

Consequences of cancellation

 

If you withdraw from this contract, we have made all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the 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 immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning goods that cannot be sent as a parcel. The cost of goods that cannot be sent as a parcel is estimated at a maximum of approximately EUR 500.00.

 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.

 

- End of revocation -

 

Exclusion of the right of withdrawal

The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.


5. Retention of title

5.1 General

If you are an entrepreneur, the goods, works and materials delivered by us remain our property until all current and future claims from the business relationship have been fully satisfied. Towards consumers, only the delivered product from the specific contract remains our property until the purchase price has been paid in full. You must treat the items under retention of title with care at all times. You assign a claim or replacement that you receive for the damage, destruction or loss of these items to us. Unless otherwise agreed below, you are not entitled to sell, give away, pledge or transfer the objects delivered to you under retention of title.

 

5.2 Garnishment and other impairments

If the thing subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that a lawsuit according to §771 ZPO can be raised. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, you are liable for the loss we incurred.

 

5.3 Resale

If you are an entrepreneur, you are entitled to resell the reserved goods in the normal course of business. You assign the customer's claims from the resale of the reserved goods to us in the amount of the agreed final invoice amount (including sales tax). This assignment applies regardless of whether the purchased item was resold without or after processing. You remain authorized to collect the claim even after the assignment. The authority of us to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in default of payment and, in particular, there is no application to open insolvency proceedings or payment is suspended.

 

5.4 Reorganization, processing and processing

Insofar as you are an entrepreneur, the processing, processing or transformation of the purchased item is always carried out in your name and on our behalf. In this case, your entitlement to the purchased item continues with the remodeled item. If the purchased item is processed with other objects that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of the purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that your thing is to be regarded as the main thing, it is agreed that you transfer proportional co-ownership to us and keep the resulting sole or co-ownership for us. In order to secure the claims against you, you also assign to us those claims that arise from a third party due to the connection of the reserved goods with a property; we accept this assignment now.

 

5.5 Withdrawal

If you act contrary to the contract, in particular in the event of late payment, but also in the event of filing for insolvency proceedings against your assets, we are entitled to take back the thing. In this case, taking back the goods does not constitute a withdrawal from the contract, unless we expressly declare this in text form.

 

5.6 Release of collateral

If the value of the collateral exceeds the value of the secured claims by more than 15 percent, we are obliged to release collateral upon your request.


6. Warranty for purchase contracts

6.1 Warranty claim

There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for change can result from customary fluctuations and technical production processes. No guarantee is given for damage resulting from improper installation, improper handling or use of the goods. Insofar as guarantees are given in addition to the warranty claims, the customer will find their exact conditions for each product. Possible guarantees do not affect the warranty rights.

By installing performance-enhancing components and / or removing a speed limit, there is the possibility that the consumption of fuel and lubricant changes or that maintenance intervals are shortened. The increased performance can result in a changed driving style with increased wear on tires and engines. This is not a material defect, since the resulting additional expenses are only a direct result of the increase in performance.

 

6.2 Reservation and explanations

In order to avoid incorrect use, the components offered by Luethen Motorsport GmbH must be installed by specialists in specialist workshops. Also due to errors that cannot be ruled out and ambiguous assignments, the parts assignment and the basic as well as special suitability for the respective vehicle and the intended use must be determined without any doubt before each installation. If the determination is not made without any doubt, the respective part must not be installed. For approvals for operation in public road traffic, only the ABE belonging to the respective product or the TÜV certificate and the conditions contained therein are decisive. The components manufactured and offered for racing use have, unless otherwise stated, no approval for use in public road traffic. Depending on the intended use, many of the components are designed for maximum performance and extreme loads with a short service life. These components can be "used up" after a short time without there being a material defect

 

6.3 Warranty to consumers

The risk of accidental loss or deterioration of the goods sold only passes to you when the goods are handed over. If you recognize that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please let us know. However, there is no obligation to make such a notification, nor will the warranty rights be affected by a failure to notify. If the goods are defective, you can either request supplementary performance in the form of rectification or subsequent delivery. We can refuse the type of supplementary performance you have selected, without prejudice to Section 275 (2) and (3) of the German Civil Code, if it is only possible at unreasonable costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance could be used without significant disadvantages for you. If defects are not remedied even after two attempts to repair them, you have the right to withdraw or a reduction.

 

6.4 Warranty towards entrepreneurs

In contrast to the legal warranty regulations, the following applies to entrepreneurs: in the event of a defect, we can perform the supplementary performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the item passes to you as soon as it is handed over to the person intended for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time the defect was discovered and for the timely notification of the defect.

 

6.5 Rights in the event of an insignificant defect

If there is only an insignificant defect, you have the right to a reasonable reduction in the purchase price, excluding the right of withdrawal.

 

6.6 Compensation for defects

No guarantee is given for damage resulting from improper handling or use. The following disclaimer is expressly pointed out.


6.7 Limitation

The warranty for used goods is 1 year. As far as you are an entrepreneur, the warranty for used goods is excluded and for new goods this is 1 year. An exception to this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damage from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.



7 Warranty for work contracts (custom-made products)

7.1 Warranty claim

There are statutory warranty rights. If the work is defective and you request supplementary performance, we can choose to remedy the defect or produce a new work. If defects are not remedied even after at least two attempts to repair them, you have the right to withdraw or a reduction.

 

7.2 Rights in the event of an insignificant defect

If there is an insignificant defect, you are only entitled to a reasonable reduction in the agreed wages, excluding the right of withdrawal.

 

7.3 Compensation for defects

No guarantee is given for damage resulting from improper handling or use. The following disclaimer is expressly pointed out.

 

7.4 Transfer of risk

The risk of accidental loss or deterioration of the work is only transferred to you upon acceptance of the work as part of warranty processing.

 

7.5 Notification

If you recognize that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please let us know. However, there is no obligation to make such a notification, and no notification does not affect the consumer's warranty rights.

 

7.6 Limitation

Warranty claims expire one year after the transfer of risk, unless the construction of a building or a work, the success of which is the provision of planning or monitoring services. In these cases, the limitation period is five years. The shortening of the limitation period expressly does not exclude liability for damage from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.



8. Liability

8.1 Disclaimer

We and our legal representatives and vicarious agents are only liable for intent or gross negligence. As far as essential contractual obligations (consequently those obligations, the observance of which is of particular importance for the achievement of the purpose of the contract) are affected, liability is also for slight negligence. Liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, contract-typical damage.

 

8.2 Reservation of liability

The above disclaimer does not apply to liability for damage to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer.

 

 

9. Final provisions

9.1 Place of jurisdiction

Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a businessman, a legal entity under public law or a special fund under public law.

 

9.2 Choice of law

Unless mandatory statutory provisions conflict with your home law, German law is deemed to have been agreed to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

 

9.3 Consumer dispute settlement procedure

The EU Commission has created an internet platform for the online settlement of disputes regarding contractual obligations from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

9.4 Severability clause

The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.

 

 

 Terms & Conditions for ratenkauf by easyCredit

1. Scope and general terms of use
The following terms and conditions shall apply between you and the retailer for all contracts concluded with the retailer for which ratenkauf by easyCredit (hereinafter referred to as “Ratenkauf”) is used.

In the event of dispute the general terms and conditions contained herein shall take precedence over any general terms and conditions of the retailer.

A “Ratenkauf” shall only be made available to customers who are deemed to be consumers according to § 13 BGB (the German civil code) and are aged 18 or over.

2. “Ratenkauf”
The retailer, with the support of the TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG), shall provide “Ratenkauf” as a further payment option for your purchase on the internet.

The retailer shall be entitled to determine your credit worthiness. For further details please refer to the “Ratenkauf” data protection provisions on the Payment Page. In the event that the use of “Ratenkauf” is not possible due to insufficient credit worthiness or turnover limitations on the part of the retailer, the retailer shall be entitled to offer you an alternative payment option.

The contract for a “Ratenkauf” shall be concluded between you and the retailer. By using “Ratenkauf” you choose to pay the purchase price in monthly instalments. For an agreed fixed duration, monthly instalments shall be paid. In certain circumstances, the final payment may differ from the previous instalments. The goods shall remain the property of the retailer until payment has been made in full.

The receivables accrued through the use of „Ratenkauf“ shall be assigned to the Teambank AG in the form of an ongoing factoring agreement. Payments leading to a discharge of the debt may only be made to the Teambank AG.

3. Payment of Instalments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with the “Ratenkauf” you authorise the Teambank AG to debit the outstanding payments from the current account indicated during the order process held at the bank specified by way of SEPA direct debit.

The Teambank AG shall give notice of the direct debit by e-mail at the latest one calendar day before the direct debit is due (pre-notification). The direct debit shall be executed no earlier than the date indicated in the pre-notification. The transaction can be carried out after but near to the due date.

If there is a reduction in the purchase price (e.g. through customer credit) between the pre-notification and the due date, the amount debited may differ from the amount stated in the pre-notification.

You are responsible for ensuring that your current account holds sufficient funds at the time that the payment is due. Your bank is not obliged to honour the direct debit in the event that your current account does not hold sufficient funds. If, due to a lack of funds held in the current account, an unjustified refusal by the account holder or account closure, the direct debit is returned, you shall be, without further reminders, deemed to be in default, unless the direct debit was returned in circumstances for which you were not liable.

The charges resulting from a returned direct debit shall be passed on to you and shall be settled by you.

In the event of default, the TeamBank AG shall be entitled to charge an appropriate reminder fee or interest on arrears at a rate of five percentage points higher than the base rate of the European Central Bank.

Due to the high costs associated with returned direct debits, we ask you not to refuse direct debits in the event of withdrawal from the purchase contract, returning the product or making a complaint. In such cases a reverse transfer will be made in agreement with the retailer or the account will be credited.