These general terms and conditions apply to all business dealings with the buyer or other clients. They also apply to all future deliveries, including those of accessories. In particular, they apply even if the buyer makes reference to its own terms and conditions at the time of the order or otherwise. Terms and conditions that provide otherwise are not applicable. This is not the case only if I.L. Motorsport GmbH has explicitly approved these different terms and conditions in writing.
In principle, the general terms and conditions also apply to all business dealings between I.L. Motorsport and companies that are not consumers within the meaning of § 13 of the German Civil Code. To the extent that special provisions are included in the general terms and conditions for companies that are not consumers within the meaning of § 13 of the German Civil Code, these provisions have priority for this group of buyers. The provisions of the German Commercial Code apply as a supplement to them.
I.L. Motorsport GmbH's offers and price quotes are non-binding until final contract execution, insofar as I.L. Motorsport GmbH has not approved a binding period in writing in advance. Orders and oral agreements become valid against I.L. Motorsport GmbH only to the extent that they are confirmed in writing by the seller. Cost estimates are not binding.
For sales on demand, I.L. Motorsport GmbH shall be bound to the confirmed price for four months after the contract confirmation date. A three-month binding period applies to sales to companies. If and to the extent that the order is placed after the end of this period, I.L. Motorsport GmbH shall be entitled to invoice a reasonable surcharge to cover overhead for any price increases for wages, materials and/or energy incurred since that time. This applies to successive delivery contracts in particular.
Intellectual property rights of I.L. Motorsport GmbH, as well as intellectual property rights of third parties, shall be respected when the delivered goods are used.
German law shall apply to all legal relationships that arise for the parties and their legal successors, including any ancillary transactions. The application of the legal standards from German conflict of laws principles is precluded to the extent they make reference to a foreign legal system, as well as the Hague Uniform Law of Sales, the uniform United Nations Convention on Contracts for the International Sale of Goods or other conventions regarding the law of the sale of goods.
The German language is the contract language. If documents are delivered in another language, they shall only be considered a translation. If there are translation differences between the German text and the foreign text, the German text shall be controlling in case of doubt.
The goods will be packaged by I.L. Motorsport GmbH in a manner that is customary in the industry. The packaging will be billed for by I.L. Motorsport GmbH at its original cost.
Shipping prices are depending on the size of the packaging. The maximum shipping price for normal package shipping is €230,-
The maximum price for bulky goods shipping by transport company is €1500,-
In case of revocation I.L.Motorsport will bear the cost of shipping of the order, but not the costs for return shipping.
So long as the buyer is delinquent with respect to a debt, I.L. Motorsport GmbH's duty to deliver shall be suspended.
Pursuant to the requirements in 2.4, I.L. Motorsport GmbH will endeavor to adhere to the delivery deadlines and delivery dates communicated to the buyer, unless I.L. Motorsport GmbH stipulated a delivery deadline/a delivery date in writing with a memorandum that it is fixed. A stipulated fixed deadline shall be subject to the caveat that correct and timely delivery must be provided to us. I.L. Motorsport GmbH does not assume an obligation for timely transportation.
The delivery deadline is met if the subject matter of the delivery has left I.L. Motorsport GmbH's realm of control. Apart from that, the delivery deadline shall be reasonably extended in the event of unforeseen obstacles (in cases of force majeure in particular) as well as those events not of the seller's intent (for example, operational disruptions, lack of production or defective production, strike and lockout, in each case internally or for subcontractors, and the like), to the extent such circumstances have considerable influence on the production or delivery of the goods or services. The buyer cannot derive any claims from these circumstances. In addition, the circumstances described above are not be advanced by the seller if they arise during pre-existing default. The buyer shall be informed without delay of the start and end of such circumstances in important cases.
I.L. Motorsport GmbH shall be liable in the event of default pursuant to statutory provisions if a default in delivery is the result of an intentional or grossly negligent breach of duty attributable to the seller. Negligence of its representatives or agents is to be attributed I.L. Motorsport GmbH. Otherwise, the seller's liability is limited to foreseeable, typically occurring losses.
The buyer's other statutory claims and rights due to the seller's default in delivery remain unaffected.
The priced specified in the order confirmation is controlling. All prices are in euros ex works or warehouse plus the statutorily governed value added tax and plus all transportation costs such as packing, freight, transportation insurance and customs duties, for example.
For sales on demand, I.L. Motorsport GmbH shall be bound to the confirmed price for four months after the contract confirmation date. If and to the extent that the order is placed after the end of this period, I.L. Motorsport GmbH shall be entitled to invoice for a reasonable surcharge to cover overhead for any price increases for wages, materials and/or energy incurred since that time. This applies to successive delivery contracts in particular.
In the event of any stipulated freight-paid delivery, the prices specified by I.L. Motorsport GmbH are based on the freight and ancillary fees applicable at the time of the offer. If there are changes in this regard, which cause an increase in price for these items, then the buyer will be informed. In this case, insofar as freight-paid status can no longer be guaranteed by I.L. Motorsport as a result of the increase in price, the customer may withdraw from the purchase. No right to enforce the contract under the original terms and conditions exists in this case.
All prices on I.L Motorsport's web site are subject to retroactive modification. Modifications can be made without advance notice.
In the case of commercial activity or VAT exemption, the relevant evidence for proper accounting must be available at the time the contract is concluded.
4. Force majeure
Events of force majeure, which are considered circumstances and events that cannot be prevented with the care of ordinary business management, suspend the parties' contractual obligations for the duration of the disruption and to the extent of its effect. If any resulting delays exceed a period of six weeks, then both contractual partners shall be entitled to withdraw from the contract with regard to the affected scope of performance. This also applies if an objectively justifiable reason exists. In this case, the parties to the contract must be informed without delay. Payments already made are to be returned. No other additional claims exist.
Invoices from I.L. Motorsport GmbH are due for payment upon delivery of the goods and are to be paid strictly net cash to I.L. Motorsport GmbH within 10 days after receipt of the goods. If the buyer does not pay within 10 days after receipt of the goods, it shall be in default even without a reminder notice.
If the deadline for payment is not met (10 days after receipt of the goods), the buyer must pay interest in the amount of at least 5 percentage points greater than the applicable statutory prime rate per year, irrespective of the duty to pay compensation for any additional damages caused by default.
For legal transactions not involving a consumer, but rather a company that is not a consumer within the meaning of the German Civil Code, the interest rate for remuneration claims is 8 percentage points greater than the prime rate per year.
As soon as any reasonable doubt exists as to the solvency or creditworthiness of the buyer (e.g. late payments, unfavourable information, enforcement measures, credit downgrade by credit insurance, etc.) or if the buyer pledges outstanding receivables or goods to third parties where I.L.Motorsport retains ownership or pledges the same as a security, I.L.Motorsport GmbH may demand advance payments or security provisions for all on-going transactions. In addition, under these circumstances I.L.Motorsport GmbH shall be entitled to withdraw from the contract after the setting of a deadline or to demand compensation for damages instead of provision of services.
The buyer has a right to offset only if its counterclaims have been established as legally valid or were acknowledged by I.L. Motorsport GmbH. They buyer can exercise a right of retention only if its counterclaim is based on the same contractual relationship. The assignment to a third party of an account receivable from the buyer is permitted only with approval from I.L. Motorsport GmbH.
So long as I.L. Motorsport GmbH accounts receivable due are not paid, I.L. Motorsport GmbH is not obligated to make any additional delivery on any outstanding contract.
6. Transfer of risk/shipment
With regard to the method and means of shipment, I.L. Motorsport GmbH will endeavor to take into accounts the requests and interests of the buyer; additional costs incurred as a result shall be charged to the buyer, even if freight-paid delivery was stipulated.
I.L. Motorsport GmbH is not liable for carrier negligence. I.L. Motorsport GmbH will assign any claims for damages against the carrier to the buyer upon request. The buyer must issue a complaint to the carrier for all discernible damage in connection with shipping immediately after receiving the goods.
7. Deficient delivery/liability
The buyer must inspect the received goods for completeness, shipping damage, obvious defects, condition and their features. The seller is to be provided written notice of obvious defects by the buyer within two weeks of delivery of the subject matter of the contract.
To the extent that the buyer is not a consumer within the meaning of § 13 of the German Civil Code and the purchase is a commercial transaction for both parties, the goods must be inspected for defects without delay. For transfer after inspection, written notice of existing defects with documentation is to be provided without delay after delivery (§ 377 of the German Commercial Code). Otherwise, claims due to initial defects are precluded. Timely dispatch shall be considered sufficient for meeting the deadline. The buyer (consumer as well as company) bears the burden of proof for all claim requirements, in particular for the defect itself, the date the defect was identified, and the timeliness of the notice of defects.
Cure can occur through the elimination of the defect or delivery of new goods, at the buyer's election. The seller shall be entitled to reject the type of cure selected by the buyer if it is merely associated with excessive costs. During cure, the reduction of the purchase price or withdrawal from the contract by the buyer are precluded. A cure is considered to have failed with the second attempt made to no avail. If the cure fails or if the seller completely refuses to cure, the buyer can demand a reduction of the purchase price (price reduction) or declare its withdraw from the contract, at its election.
The buyer cannot assert claims for damages for the subsequent conditions due to the defect until the cure fails or the seller refuses to cure. The right of the buyer to assert additional claims for damages for the subsequent conditions remains thereby unaffected.
Notwithstanding the provision in number 2 of these general terms and conditions and the subsequent limitations of liability, the seller is liable without limitation for injuries to life, limb and health that are the result of a negligent or intentional breach of duty by it, its legal representatives or its agents, as well as for damages that are covered by liability pursuant to the Products Liability Act, as well as for all damages that are the result of intentional or grossly negligent breaches of contract as well as the bad faith of the seller, its legal representatives or its agents. To the extent that the seller issued a quality and/or durability guarantee with respect to the goods or portions thereof, it shall also be liable in the context of this guarantee. However, for damages that stem from the lack of guaranteed quality or durability, but which do not arise directly in the goods, the seller is liable only if the risk of such damages is obviously covered by the quality or durability guarantee. The seller is entitled, to refuse the cure selected by the buyer if and when, this is impossible, unreasonable or in no proportion to the costs.
The seller is also liable for losses that are caused by simple negligence, to the extent that this negligence pertains to the breach of contractual duties, the fulfillment of which is of particular importance for the achievement of the contractual purpose. However, the seller is only liable to the extent that the damages are foreseeable and associated with the contract in a typical manner. Apart from that, the seller is not liable for simple negligence breaches of ancillary obligations that are not contractually material. The limitations of liability included in clauses 1-3 also apply to the extent that the liability for the legal representatives, executive staff members and other agents of the seller is concerned.
Additional liability is precluded without regard to the legal nature of the asserted claim. To the extent that the liability of the seller is precluded or limited, this also applies to the personal liability of its staff members, laborers, employees, representatives and agents. All information about the suitability, application and use of the seller's products, technical advice and other information are provided to the best of the seller's knowledge but do not free the buyer from the need to perform its own inspections and tests.
Insofar as provisions of the law do not necessarily prescribe otherwise, the warranty period for claims of the buyer due to a defect in a delivered item is one year in the case of the sale of a used, movable item, and two years in the case of the sale of a newly manufactured item.
The two-year warranty period in the case of the sale of a newly manufactured item does not apply insofar as the seller is not a consumer within the meaning of the German Civil Code. A warranty period of one year applies in this case. In the event of the sale of a used item, the warranty is expressly excluded, insofar as the buyer is not a consumer within the meaning of the German Civil Code.
When goods are sold to companies (not consumers as defined by the German Civil Code) where said goods are installed by I.L. Motorsport GmbH and a defect covered by the warranty is present as defined by the German Civil Code, I.L. Motorsport GmbH shall have a right of recourse for reimbursement of costs with its contractual partners (manufacturer or supplier) with respect to the costs incurred for installing and removing the defective goods.
9. Retention of title
Until payment in full is received for the seller's account receivable from the legal relationship with the buyer, the goods sold remain the property of the seller. The buyer is authorized to possess the purchased goods in the ordinary course of business to the extent nothing to the contrary emerges from the following concerning this matter.
The retention of title also extends to the full value of the products resulting from processing, mixing or combining the goods delivered by the seller, whereby I.L. Motorsport GmbH is considered the manufacturer. If third-party retained title remains in effect in the event of processing, mixing or combining with their goods, then I.L. Motorsport GmbH acquires shared ownership in proportion to the invoice value of these processed goods.
The buyer hereby assigns to the seller as security accounts receivable from third parties resulting from resale, in total or in the amount of any shared ownership share of the seller (see number 9.2). It is authorized to collect it for its account until withdrawal or settlement of its payments to the seller. The buyer is also not authorized to assign these accounts receivable for purposes of account collection by factoring unless it is simultaneously established that the factor has a duty to provide the consideration directly to the seller in the amount of the share of the account to which the seller is entitled so long as the seller has accounts receivable from the buyer.
In the event of access by third parties to the goods and accounts receivable that belong to the seller, the buyer must notify the seller by certified mail without delay and with full information about the address of the beneficiary of the hypothecation.
The assertion of rights from the retention of title does not represent withdrawal from the contract.
Prior to full payment on the accounts receivable of the seller, the goods and the accounts receivable appearing in their place may not be either hypothecated to third parties or transferred or assigned as security.
If the value of the security exceeds that of the seller's accounts receivable by more than 20%, I.L. Motorsport GmbH will release security of the buyer's election at the request of the buyer.
The buyer, who is obligated to treat the delivered goods with care, bears the risk of accidental destruction of the goods subject to retention of title.
10. Data protection
11.1 Right of revocation
You have the right to revoke this contract within 14 days without providing any reasons. The revocation period shall be 14 days from the day on which you or a third party specified by you, but who is not the carrier took possession of the goods.
To exercise your right of revocation, you must inform us
I.L. Motorsport GmbH
telephone number: 02233 977349
fax number: 02233 977348
email address: firstname.lastname@example.org
by means of a clear statement (e.g. a letter sent by post, fax or email, etc.) regarding your decision to revoke this contract. You may use the Sample Revocation Form on our website to do so.
In observance of the revocation period, it shall be sufficient for you to send the notification of you exercising your right of revocation before the expiry of the revocation period.
11.2 Consequences of revocation
If you revoke this contract, we will refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us) immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. For this repayment, we will use the same method of payment that you used for the original transaction, unless explicitly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever occurs first.
You must send back or transfer the goods to I.L. Motorsport GmbH, Innungstrasse 14, 50354 Hürth, Germany immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract. This deadline shall be considered met if you send the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
Should the goods need to be shipped by forwarding agent due to their nature or procurement and you have been previously informed of this, the costs of the return by a forwarding agent of your choice (this may of course also be the same forwarding agent used for the outward despatch) shall be borne up to a maximum of €1,500.00, provided you commission the forwarding agent used for the outward dispatch. If you should choose your own forwarding agent for the return and thus incur costs that are in excess of €1,500.00, you shall have to bear the excess costs beyond the sum of €1,500.00 yourself.
If you make use of your right of revocation, payments already made shall be credited after receipt of the goods by I.L Motorsport GmbH. If you have paid for the goods by credit card or PayPal, the refund will be made to the credit card account or PayPal account specified by you at the time of purchase. In the case of payment by cash on delivery, advance payment or direct debit, there will be a return remittance to your bank account.
You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these goods.
To the extent he or she exercise the right pursuant to number 11.1, a buyer who is a consumer within the meaning of § 13 of the German Civil Code shall be obligated to bear the expenses of return shipping if the delivered goods correspond to those ordered and if the price of the goods to be sent back does not exceed € 40.00, or if the buyer has not yet provided the consideration or contractually stipulated partial payment at the time of the return for a higher priced item. In all other cases, return shipping takes place at the expense of I.L. Motorsport GmbH.
- zur Lieferung von Waren, die nicht vorgefertigt sind und für deren Herstellung eine individuelle Auswahl oder Bestimmung durch den Verbraucher maßgeblich ist oder die eindeutig auf die persönlichen Bedürfnisse des Verbrauchers zugeschnitten sind,
- zur Lieferung versiegelter Waren, die aus Gründen des Gesundheitsschutzes oder der Hygiene nicht zur Rückgabe geeignet sind, wenn ihre Versieglung nach der Lieferung entfernt wurde,
- zur Lieferung von Waren, wenn diese nach Lieferung aufgrund ihrer Beschaffenheit untrennbar mit anderen Gütern vermischt wurden,
- zur Lieferung von Ton- oder Videoaufnahmen oder Computersoftware in einer versiegelten Packung, wenn die Versiegelung nach der Lieferung entfernt wurde,
- zur Lieferung von Zeitungen, Zeitschriften oder Illustrierten mit Ausnahme von Abonnementverträgen,
- zur Lieferung von Waren, die schnell verderben können oder deren Verfallsdatum schnell überschritten wird.
If the buyer is not a consumer within the meaning of the German Civil Code (company), then the right to return pursuant to the Distance Sales Act is explicitly precluded for it.
12. Legal advice (copyright and trademark rights)
The information published on the website of I.L. Motorsport GmbH (exploded view drawings, text and other artwork, graphics, sound, animation, videos etc.) as well as the structure of the same are protected by the copyright of I.L. Motorsport GmbH and in some cases also third-party copyright. Any copying, dissemination, reproduction and circulation, retention or other use is expressly forbidden except with our written consent.
Access to this information expressly does not amount to permission to use the property of I.L. Motorsport GmbH or third parties.
Any infringement of copyright for commercial purposes, in particular but not exclusively of the exploded view drawings made available, will lead to claims (including criminal charges and damages claims) being brought under Sections 97 et seq. of the German Copyright Act.
Products distributed by I. L. Motorsport GmbH must be installed professionally, and by a professional workshop if possible. I. L. Motorsport GmbH points out explicitly that the installation or assembly of goods delivered by I. L. Motorsport GmbH can lead to the termination of the general operating license (ABE) or the permit for the converted motor vehicle. It is the responsibility of the buyer alone to seek an ABE, permit or survey, if necessary. Without ABE or permit pursuant to the Driver and Vehicle Licensing Code, motor vehicles may not be driven or used within the zone of applicability of the Driver and Vehicle Licensing Code. Goods without ABE are appropriately indicated in the seller's offerings.
The buyer is not entitled to assign claims from the contract for purchase without approval from the seller.
If the buyer is a merchant, public corporate entity or special public fund, then the exclusive legal venue for all disputes from this contract is the place of business of I. L. Motorsport GmbH or the buyer's place of general jurisdiction, at the election of the seller.
If one of the provisions above is or becomes invalid or impracticable, the validity of the rest of the general terms and conditions of delivery and payment shall not be thereby affected. To the extent possible, the invalid provision will be replaced with the relevant provision of the law. The same applies to the extent that there are unforeseen gaps in the parties' general terms and conditions.