Terms of service
Table of Contents
Scope of application Conclusion of contract Right of cancellation Prices and payment terms Delivery and shipping terms Reservation of title Liability for defects (warranty) Liability Special terms for the processing of goods according to certain specifications of the customer Special terms for assembly/installation services Redemption of promotional vouchers Redemption of gift vouchers Applicable law Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Sina Pötzl, trading as "animalracing" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of contract
2.1 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.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail or by telephone.
2.3 The Seller can accept the Customer's offer within five days,
by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive in this respect, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or by requesting the Customer to pay after they have placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – under the validity of the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal and selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the ordering process.
2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after they have sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be retrieved free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy.
3.3 The right of cancellation does not apply to consumers who, at the time the contract is concluded, do not belong to any member state of the European Union and whose sole domicile and delivery address are located outside the European Union at the time the contract is concluded.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value added tax. Any additional delivery and shipping costs incurred are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) is/are communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal in which they make advance payment to the Customer (e.g. purchase on account or installment payment), they assign their payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments, or credit notes.
4.6 When selecting the payment method "Sofortüberweisung", payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the Customer's bank account is debited. The Customer can find further information on the payment method "Sofortüberweisung" on the internet at https://www.klarna.com/sofort/.
4.7 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use further payment services for which special payment terms may apply, of which the Customer may be informed separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.
4.8 When selecting the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within the period specified on the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop.
5) Delivery and shipping terms
5.1 If the Seller offers the shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outbound shipment if the Customer effectively exercises their right of cancellation. With regard to the return shipping costs, in the event of effective exercise of the right of cancellation by the Customer, the regulation made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment to carry it out and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the responsibility of the Seller and the latter has concluded a specific hedging transaction with the supplier with the requisite care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer is informed without undue delay and the consideration is refunded without undue delay.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.
5.6 Vouchers are provided to the Customer as follows:
- by e-mail
6) Reservation of title
If the Seller makes advance payment, they reserve title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
the Seller has the choice of the type of subsequent performance; for new goods, the limitation period for defect rights is one year from delivery of the goods; for used goods, the defect rights are excluded; the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortenings of periods regulated above do not apply
to claims for damages and reimbursement of expenses by the Customer, in the event that the Seller has fraudulently concealed the defect, to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness, to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to be approved.
7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
in the case of intent or gross negligence, in the case of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content for the achievement of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with which the Customer may regularly rely.
8.3 In all other respects, liability of the Seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the Seller for their vicarious agents and legal representatives.
9) Special terms for the processing of goods according to certain specifications of the customer
9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant them the usage rights required for this. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for the fact that they have the right to use the content provided to the Seller. In particular, they ensure that no rights of third parties are violated as a result, in particular copyrights, trademark rights and personality rights.
9.2 The Customer indemnifies the Seller against claims of third parties that they can assert against the Seller in connection with a violation of their rights through the contractual use of the Customer's content by the Seller. In doing so, the Customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory amount. This does not apply if the infringement of rights is not the responsibility of the Customer. The Customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defense without undue delay, truthfully and completely in the event of a claim by third parties.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Special terms for assembly/installation services
If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the assembly or installation of the goods at the Customer's premises as well as any corresponding preparatory measures (e.g. measuring), the following applies:
10.1 The Seller provides their services, at their choice, in person or through qualified personnel selected by them. In doing so, the Seller may also use the services of third parties (subcontractors) who act on their behalf. Unless otherwise stated in the Seller's service description, the Customer has no claim to the selection of a specific person to carry out the desired service.
10.2 The Customer must provide the Seller with the information required for the provision of the owed service completely and truthfully, insofar as its procurement does not fall within the scope of the Seller's obligations according to the content of the contract.
10.3 After the conclusion of the contract, the Seller will contact the Customer in order to arrange an appointment for the owed service with them. The Customer ensures that the Seller or the personnel commissioned by them has access to the relevant facilities of the Customer at the agreed appointment.
10.4 The risk of accidental loss and accidental deterioration of the sold goods only passes to the Customer upon completion of the assembly work and handover to the Customer.
11) Redemption of promotional vouchers
11.1 Vouchers that are issued free of charge by the Seller within the scope of promotional campaigns with a certain validity period and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher campaign, insofar as a corresponding restriction results from the content of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
11.5 Only one promotional voucher can ever be redeemed per order.
11.6 Insofar as the promotional voucher refers to a specific value and not to a percentage price reduction, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance is not refunded by the Seller.
11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
11.8 The balance of a promotional voucher is neither paid out in cash nor accrues interest.
11.9 The promotional voucher is not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of cancellation.
11.10 The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
12.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.
12.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
12.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
12.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
12.6 The balance of a gift voucher is neither paid out in cash nor accrues interest.
12.7 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.
13) Applicable law
13.1 The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
13.2 Furthermore, with regard to the statutory right of cancellation, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to any member state of the European Union and whose sole domicile and delivery address are located outside the European Union at the time the contract is concluded.
14) Alternative dispute resolution
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.