General Terms and Conditions
General
The following General Terms and Conditions apply to all and future business relationships. They are accepted when the order is placed, but at the latest when the goods are accepted, and are therefore part of all contracts concluded with us, unless expressly agreed otherwise in these contracts. Oral side agreements between the contractor and the client are not part of the contract, unless they are also in written form. We hereby expressly object to any deviating purchasing conditions of the client. Changes and additions to these General Terms and Conditions must be made in writing. Unless otherwise stated, all articles and processing are without
TÜV approval, as we almost exclusively sell motorsport articles.
Orders
The prices in our offers are always subject to change and non-binding for repeat orders. The prices apply from our premises. The price list valid on the day of delivery or the price stated in our order confirmation or in our offer is decisive for the prices. Purchase contracts are only concluded with our written order confirmation. The order confirmation can be replaced by the invoice if the delivery of the ordered items takes place immediately after receipt of the order as agreed.
1. Delivery
Delivery is made by payment in advance at your own risk. The risk is transferred to the customer as soon as the goods leave our premises or are loaded, even with freight-free delivery. All deliveries are sent insured.
2. Delivery time
The delivery period begins with payment in advance on the day after the payment order is issued to the transferring credit institution or, with other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a state-recognized public holiday at the place of delivery, the next working day takes the place of such a day. Delivery after fulfillment within 5 working days.
3. Production time
All productions may take up to 14 days or longer to manufacture. Late deliveries do not entitle the contract to be cancelled or to make claims for damages. However, the customer has the right to set a reasonable deadline of at least 6 weeks after the expiry of the specified delivery time and to withdraw from the contract after this deadline has expired without result, provided that the delivery has not been made or that it has not been reported ready for dispatch by then. Claims for non-fulfillment are limited to the amount that the customer has to pay for the purchase of similar goods from a third party in addition to the purchase price agreed with us. Indirect damages will not be compensated. Unforeseen events for which we are not responsible, such as operational disruptions of all kinds, force majeure, delivery delays by subcontractors, etc. extend the delivery time appropriately, even if the specified delivery time has already expired. In these cases, we are also entitled to withdraw from the contract. Compensation for damage caused by the delayed delivery will not be granted.
4. Terms of payment
Invoices for individual orders are due and payable immediately after completion without any deductions. If the buyer is in default with a payment, we have the right to withdraw from the contract in whole or in part. If the information regarding the customer's creditworthiness is unsatisfactory, we are entitled to demand payment for goods already delivered before the invoice is due. If previous orders are not paid on time, we are also entitled to change the payment terms for subsequent orders, demand advance payments for further orders or withdraw from the purchase contract altogether. Set-off or withholding of payments is only permitted with claims that have been recognized by us or that have been legally established. In particular, complaints about defects do not entitle the customer to withhold or set-off payments.
5. Retention of title
The delivered goods remain our property until all of our claims have been fully settled. In the case of an ongoing invoice, retention of title serves as security for our balance claim. Ownership only passes to the customer when all of our claims against the customer have been settled by the customer. During the period of retention of title, the customer is obliged to keep the delivered goods in proper condition and to keep them for us. He may not pledge them or use them as security against third parties until full payment has been made. The customer is obliged to inform us immediately of any impairment of our rights. The customer is also liable for loss of goods if this occurs through no fault of the customer. Unpaid, delivered goods may only be resold in regular business transactions in compliance with our retention of title and with our written approval.
6. Packaging and shipping
The packaging is charged at cost and will not be taken back. In the absence of special instructions, packaging is carried out at the best discretion.
7. Guarantee/warranty/right of withdrawal
All components are intended for racing and therefore the guarantee does not apply in the event of damage caused by use!
8. Cancellation policy for consumers
Right of withdrawal
You can cancel your contract within 14 days without giving reasons in text form (e.g. letter, email) or by returning the item. The period begins at the earliest with receipt of this instruction and receipt of the goods. To meet the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:
SPR Germany - handmade performance
Lindemann & Doberschütz GbR
Wendenschloßstr. 366
12557 Berlin
9. Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the loss. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as you would have been able to do in a store, for example. You can also avoid the obligation to pay compensation by not using the item as if it were your own property and refraining from doing anything that impairs its value. Items that can be sent as a parcel must be returned. You must bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent as a parcel will be picked up from you. You must fulfill obligations to reimburse payments within 30 days of sending your cancellation notice.
Special notes
The right of cancellation does not apply to distance selling contracts 1. for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
End of cancellation policy
10. Limitations of liability
The amount of damages we have to compensate is in any case limited to the amount of the insurance we have taken out for this purpose, about which we will provide information to the buyer on request. The buyer is obliged to impose this exclusion of liability on his buyer every time he sells our goods. If this obligation is not fulfilled, the customer must compensate us for the damage caused.
11. Place of performance
for delivery and payment is the registered office of our company in 12557 Berlin.
12. Place of jurisdiction
for all transactions is the Berlin District Court. All transactions, including those with foreign buyers, are subject exclusively to German law. The invalidity of individual clauses of these does not affect the validity of the remaining conditions. Instead of the ineffective provisions, an appropriate regulation shall apply that comes closest to the ineffective clause within the scope of what is legally possible
Date 01.05.2024