General Terms and Conditions (GTC)
The purchase contract is concluded with the company:
Thurn-Motorsport, Rehweg 12, D-97816 Lohr am Main
Owner: Gerhard Thurn.
Phone: +49 (0) 93 52 - 67 34
VAT identification number: DE 133 133 181
For all mutual claims arising from and in connection with the conclusion of a contract between the customer and Thurn-Motorsport in the mail order business, these General Terms and Conditions in their version valid at the time of the respective conclusion of the contract, as well as the statutory regulations, shall always apply. In the event of collisions, the order of precedence between the regulations shall be:
2. Contractual partner
Thurn-Motorsport concludes contracts with customers who are natural persons of unlimited legal capacity and have reached the age of 18, as well as with legal entities and companies (hereinafter referred to as the customer). Insofar as the offer of an unaccepted participant was accepted by us inadvertently, we are entitled to declare our withdrawal from the contract to the Customer. Rights and obligations arising from a contract may not be transferred to third parties without the written consent of Thurn-Motorsport.
3. Subject matter of the contract
Thurn-Motorsport delivers the goods ordered by the customer or provides services within the scope of the acceptance of the offer. In all other respects, § 434 Para. 1 Sentence 3 BGB shall apply. In the event of withdrawal/revocation, we shall be obliged to immediately credit any deposits and/or advance payments made.
4. Conclusion of Contract / Cancellation Policy
The contract is concluded by acceptance of the customer's order by Thurn-Motorsport. The acceptance takes place with the receipt of the goods by the customer, after sending the goods by Thurn-Motorsport or with the execution of the service at the customer's by Thurn-Motorsport or one of Thurn-Motorsport's representatives. If the customer orders via internet, Thurn-Motorsport will immediately confirm the receipt of the order. However, an order confirmation does not constitute an acceptance of the contract. Orders placed verbally or by telephone will only be accepted and executed at the risk of the customer. Due to the customer's legal right of withdrawal, the order and its acceptance on the part of Thurn-Motorsports initially creates a pending and effective contractual relationship. The customer can revoke his contractual declaration within 14 days without giving reasons in text form (e.g. letter or email) or by returning the purchased goods. The period begins with the receipt of the goods by the customer. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation must be sent in writing to:
Thurn-Motorsport, Rehweg 12, D-97816 Lohr am Main, firstname.lastname@example.org
5. Consequences of cancellation
In the event of an effective revocation, the services received by both parties shall be returned. If the customer cannot return the received performance in whole or in part or only in a deteriorated condition, the customer must pay compensation for the value to this extent, if applicable. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible for the customer in a shop, for example. In all other respects, the customer can avoid the obligation to pay compensation by not using the goods as if he were the owner and by refraining from doing anything that might impair their value. Goods that can be sent by parcel post are to be returned at our risk. If a return of the goods is not possible due to the weight or bulkiness as a parcel, it is sufficient if the customer sends a written request for return to Thurn-Motorsport within the 14-day period from receipt of the goods. In the case of a return from a delivery of goods whose total order value is up to € 40.00, the customer must bear the costs of the return if the goods delivered correspond to those ordered. Otherwise, the return shipment is free of charge for the customer. The return shipment must in any case be made by the customer free of postage and expenses. The customer will be reimbursed for the shipping costs immediately after inspection. The return must be accompanied by a copy of the invoice stating when and under what conditions the delivery was made. The right of revocation does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature. End of the cancellation policy
6. Lack of availability of ordered goods or services.
If Thurn-Motorsport should discover after receipt of the order that the ordered goods or services are no longer available at Thurn-Motorsport, Thurn-Motorsport will inform the customer of a new delivery date, alternatively propose a replacement delivery or object to the acceptance of the contract in full or in part.
7 Delivery / Partial Delivery / Shipping Costs
With the dispatch of the goods, the risk is transferred to the customer. Thurn-Motorsport generally ships ordered goods from the seller's warehouse by advance payment. Deliveries abroad are made against advance payment. The shipping costs vary depending on the goods and must be requested in advance. In general, Thurn-Motorsport tries to choose the most favourable shipping method for the customer. The decision about this lies with the sender. Thurn-Motorsport is anxious to correspond to the date wishes of the customers. Delivery dates and delivery periods, which can be agreed upon bindingly or non-bindingly, are to be given in writing. If the impossibility of delivery is due to the inability of one of our suppliers, both contracting parties can withdraw from the contract if the agreed delivery date is exceeded by 3 months. Force majeure, strikes, inability on the part of Thurn-Motorsport or one of our suppliers through no fault of their own, as well as unfavourable weather conditions extend the delivery period by the duration of the hindrance. The customer can request Thurn-Motorsport in writing to deliver within a reasonable period of time 8 weeks after exceeding a non-binding delivery date or a binding delivery deadline. Subject to self-supply, Thurn-Motorsport will take care of a quick delivery. Should a part of the order not be available for immediate delivery, the remaining goods will be delivered at a later date without charging the transport fee again. By placing the order, the customer expressly agrees to a partial delivery. A so-called "purchase for a specific purpose" must be recognisable as such to Thurn-Motorsport and is only binding if Thurn-Motorsport expressly agrees to it. This consent must be given in writing and must clearly confirm the "purchase for a specific purpose" in the wording. Claims for damages are excluded in all cases, unless Thurn-Motorsport is guilty of intent or gross negligence.
8. price / terms of payment
The prices quoted in our download catalogues and on our homepage are final prices and include the currently valid value added tax, excluding any transport costs incurred. Should there be a statutory increase in value added tax after the publication of the catalogue, Thurn-Motorsport is obliged to charge the increased rate of value added tax. Nevertheless, this also applies to a reduction. All prices are subject to change. The prices valid on the day of the order apply in each case. Previous price quotations and price lists lose their validity when newer ones appear. Printed products and repair instructions are subject to the legal price fixing. Thurn-Motorsport is obliged to pass on price increases in this area. Discount agreements with various groups and organisations refer to our discount groups 1 to 5. The classification of the discount groups can be found on the website and in the price lists in the column "HR". We consider ourselves bound to written offers submitted by Thurn-Motorsport for 4 weeks from the date of sending the offer, unless a shorter period is specified in the offer. Within this period we deliver at the conditions stated in the offer. After this period Thurn-Motorsport will revise the offer on request. For the deadline the date stated on the offer is valid in each case. Thurn-Motorsport reserves the right to exclude certain types of payment and to carry out requested deliveries only against advance payment in order to safeguard the credit risk. Only in exceptional cases is a different agreement possible.
9. Retention of title
Thurn-Motorsport retains ownership of all goods delivered by us to a customer until final and complete payment of the delivered goods. As far as Thurn-Motorsport exchanges goods within the scope of the warranty, it is already agreed today that the ownership of the goods to be exchanged is mutually transferred from the customer to Thurn-Motorsport or vice versa at the time when Thurn-Motorsport receives the goods back from the customer or the customer receives the exchange delivery from Thurn-Motorsport.
10. Warranty / Guarantee
Thurn-Motorsport guarantees that the products are free of material defects and defects of title according to § 434, 435 BGB at the time of transfer of risk. Should delivered goods show obvious material or manufacturing defects, which also include transport damages, the customer is requested to complain about such defects to Thurn-Motorsport. However, failure to make this complaint has no consequences for your legal claims. Apart from that, the legal regulations according to §§ 434 ff., 475 Abs. 1 BGB (German Civil Code) apply. The warranty period is two years. It begins with the receipt of the goods by the customer. In the event of a defect, the customer can demand, in accordance with § 439 BGB, at his discretion, the rectification of the defect or the delivery of a defect-free item. Within the scope of § 439, Thurn-Motorsport can refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs. If the elimination of a defect within the scope of a repair is not successful even at the second attempt, the customer is entitled within the scope of § 439 BGB (German Civil Code) to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. Withdrawal is excluded if the defect is minor and insignificant. In all other respects § 437 BGB shall apply. In addition, Thurn-Motorsport grants a voluntary guarantee of 6 months from delivery for its own products (own manufacture). For goods of our suppliers their conditions apply. Prerequisite for the warranty and guarantee claims is that the defect has not been caused by improper assembly, improper use, overstraining or by accident or fall. If a defect only becomes apparent later than 6 months after handover, the customer must prove that the item was defective at the time of transfer of risk. Otherwise Thurn-Motorsport is free to prove that the item did not have any material defects at the time of handover. With regard to any claims for damages due to defects in the goods, the statutory provisions shall apply.
Thurn-Motorsport and the employees of Thurn-Motorsport are liable in cases of positive violation of claims, delay, impossibility, unauthorised action as well as for other legal reasons (except for pre-contractual violations) in case of intent and gross negligence. In case of culpable damage to life, health or body, in case of culpable violation of contractual cardinal obligations (main contractual obligations) or in case of fraudulent misrepresentation as well as in case of a claim for compensation according to § 437 number 2 BGB (German Civil Code) Thurn-Motorsport is liable to the legal extent. Only in the case of a breach of cardinal obligations is the liability for employees of Thurn-Motorsport limited to the typical, foreseeable damage. The term cardinal obligation is either used to describe a concretely described, essential breach of duty endangering the achievement of the purpose of the contract or explained abstractly as a duty, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. In the event of default, the business customer has the right to withdraw from the contract as an alternative to compensation for damages. In the event of data loss, Thurn-Motorsport is only liable if the customer has verifiably backed up the data files regularly at least once a day. The liability for loss of data is limited to the cost of restoration in the case of the existence of a backup copy, unless the loss of data was caused by Thurn-Motorsport intentionally or through gross negligence. Otherwise, with the exception of cases of intent or gross negligence, liability is excluded. The extent of a liability of Thurn-Motorsport according to the product liability law remains unaffected. The above regulations (10 and 11) reflect the full scope of liability of Thurn-Motorsport and its employees.
12. Choice of law
German law applies to the legal relationship between Thurn-Motorsport and the customer as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded. The provisions shall not affect mandatory regulations of the law of the state in which the customer has his habitual residence if and insofar as the customer has concluded a purchase contract which cannot be attributed to the customer's professional or commercial activity (consumer contract) and if the customer has performed the legal acts required for the conclusion of the purchase contract in the state of his habitual residence.
The customer shall have no right of set-off or retention unless the claim is undisputed or has been finally determined by a court of law. If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, this shall not affect the validity of the rest of the contract. The exclusive place of jurisdiction is Lohr am Main (D) or another legal place of jurisdiction at the discretion of Thurn-Motorsport, insofar as the customer is a merchant within the meaning of the German Commercial Code or a public corporation.
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Lohr am Main, 26.05.2022