Terms and conditions
§ 1 Applicability and definitions of terms
(1) The following Terms and Conditions apply to all business relations between us and the customer as amended at the time of the order.
(2) A “consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (Section 13 of the German Civil Code).
(3) An “entrepreneur” means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 of the German Civil Code). If entrepreneurs are not acting in exercise of their trade, business or profession, they are also entitled to the rights determined for consumers.
(4) “Customers” in the sense of these Terms and Conditions are both consumers and entrepreneurs.
(5) Any deviating, inconsistent or supplementary terms and conditions of entrepreneurs shall not become a part of the contract, even where we are aware of these, unless the applicability thereof is expressly approved in writing.
§ 2 Formation of a contract
(1) The following provisions on conclusion of contract apply to orders placed through our website www.hamann-motorsport.com.
(2) In the event that a contract is concluded, the contract is formed with
HAMANN GmbH
represented by the managing director
Ms Marion Hamann
Im Eppen 24
D-89185 Hüttisheim
Registration number: HRB 2135
Registration court: Local Court of Ulm
(3) The presentation of the goods on our websitewww.hamann-motorsport.comdoes not constitute a legally binding offer to enter into a contract on our part, it is only a non-binding request for customers to inquire with us about the availability, prices and terms of delivery of the individual products.
(4) After notification of the total price of the goods inquired about including all taxes, levies and dispatch costs as well as the terms of payment and delivery, the customer may place his order. If the customer places an order by e-mail, fax or telephone on the basis of this information, this shall constitute a binding offer to enter into a purchase contract on his part.
(5) The mere receipt of an order by e-mail, fax or telephone shall not be deemed a binding acceptance of the customer’s offer on our part. We reserve the right to accept the offer to conclude a contract contained in the customer’s order in writing or in text form or by sending the ordered goods within two weeks. After the expiry in vain of the period named in sentence 2, the offer shall be considered rejected. Orders in the areas of engine technology, chassis and exhaust technology might depend on specific vehicle data. Until we have checked these specific vehicle data, where this is necessary, we reserve the right to make the changes necessary (expressly also to the price) which we will notify you of by e-mail or fax. If this is the case, the customer may withdraw his offer free of charge within a week after notification of a price increase.
(6) We save the text of the contract and send you the order data and our Terms and Conditions by e-mail. You can also view the Terms and Conditions at any time under https://www.hamann-motorsport.com/agb/
§ 3 Prices, dispatch costs, payment and due date
(1) The prices stated include VAT at the statutory rate and other price components. Dispatch and collection costs, if any, are not included and will be added.
(2) After his inquiry by e-mail, fax or telephone, we shall inform the customer of the payment options specifically available in each case. The customer shall independently select his preferred method of payment from the payment methods available.
(3) If the customer has selected payment in advance, he undertakes to pay the purchase price immediately after conclusion of contract. In the event of payment by credit card, his account will be debited one day after delivery of the goods. If we deliver cash on delivery, the purchase price payment falls due on receipt of the goods.
(4) If the customer selected PayPal as a payment method, the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg which shall be subject to the terms of use of PayPal which can be inspected under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
(5) During any delay, the entrepreneur shall pay interest of 8% above the basic interest rate on the money owed. We reserve the right vis-à-vis the entrepreneur to furnish proof of and to assert higher default interest.
(6) The entrepreneur shall be entitled to offset counterclaims only if these are uncontested or have been recognised by declaratory judgement.
§ 4 Delivery, passing of the risk
(1) Unless we clearly state otherwise in our notification according to § 2 (4), all the articles we offer are immediately ready for dispatch. Delivery is effected in Germany within 7 workdays, in member states of the European Union and the EEC within 14 workdays and in all other countries within a maximum of 2 months. At the same time, the period of delivery in case of advance payment begins to run two days after the bank used for the transfer is instructed to effect payment and for all other methods of payment, one day after conclusion of contract. If the end of the period falls on a Saturday, Sunday or public holiday, the period shall end on the next workday.
(2) If the purchaser is a consumer, the risk of the accidental loss and accidental deterioration of the sold goods passes to the purchaser also for a sales shipment only once the goods are handed over to him.
(3) If the purchaser is an entrepreneur, the risk and danger of the shipment passes as soon as we have handed over the goods to the logistics cooperation partner engaged.
(4) If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period after immediately informing the customer in the event that we are unable to comply with a delivery period for reasons for which we are not responsible. If the article ordered is not available within this new delivery period either, we are entitled to withdraw from the contract in the case of entrepreneurs. We shall immediately reimburse any consideration already provided.
§ 5 Retention of title
(1) If the customer is a consumer, we retain title to the goods until payment in full of the purchase price.
(2) If the customer is an entrepreneur, we retain title to the goods until the settlement in full of all receivables under a current business relationship. If the value of the reserved goods exceeds the receivables to be secured under the current business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. He hereby assigns to us now all the receivables amounting to the invoice total which accrue to him vis-à-vis a third party as a result of the resale. We accept the assignment. After the assignment the entrepreneur is authorised to collect the receivable. We reserve the right to collect the receivable ourselves as soon as the entrepreneur fails to properly meet his payment obligations and falls into arrears. The processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If goods are processed by the entrepreneur, we shall acquire co-ownership of the new goods in relation to the value of the goods delivered by us. The same applies if the goods are processed or mixed by entrepreneurs with other goods not belonging to us.
§ 6 Warranty
(1) The statutory warranty obligations apply in the case of consumers.
(2) Notwithstanding the above, in the case of consumers, warranty claims for used goods become time-barred one year after the delivery of the goods. This shorter limitation period shall not apply to warranty claims for compensation and based on gross negligence or intent or a breach of essential contractual duties. Essential contractual duties are duties, the fulfilment of which makes the proper implementation of the contract possible in the first place and observance of which the purchaser may usually rely on.
(3) In case of consumers, claims for damages based on injury to life, bodily injury or an impairment of health or based on the Product Liability Act also remain unaffected. The same applies to breaches of duty on the part of our vicarious agents.
(4) In case of entrepreneurs, warranty claims not aiming at damages become time-barred one year after delivery of the goods. The statutory limitation periods for recourse claims of entrepreneurs under Section 478 of the German Civil Code remain unaffected.
(5) Entrepreneurs as defined by these Terms and Conditions must immediately examine the goods for quality and quantity deviations and notify us in writing of recognisable defects within a period of one week from receipt of the goods. If the entrepreneur fails to do so, his right to claim under the warranty is excluded. Entrepreneurs must inform us of hidden defects within a period of one week after discovery in writing. The timely dispatch of the notification of the defect is sufficient for observance of the deadline. The entrepreneur bears the full burden of proof for meeting all requirements for filing a claim, particularly for the defect itself, for the time when the defect is discovered and for notification of the defect in due time.
§ 7 Limitation of liability
(1) We exclude any liability for damage caused by simple negligence, unless this arises from a breach of essential contractual duties, the fulfilment of which makes the proper implementation of the contract possible in the first place and observance of which the contractual partner may usually rely on, for guarantees concerning the nature of the purchased item and/or for damage based on the loss of life, bodily injury or an impairment of health and/or claims based on the Product Liability Act. The same applies to the breaches of duty of our vicarious agents.
(2) In case of any breach of essential contractual duties, liability for simple negligence is limited to damage which is foreseeable and typically entailed in the contract.
§ 8 Right of cancellation by the customer as a consumer
Right of cancellation for consumers
Consumers are entitled to cancel the contract on the following conditions, whereby consumers are any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession:
Instructions on cancellation
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period lasts for fourteen days from the date on which you or a third party appointed by you, who is not the transporter, took possession of the last goods.
To exercise your right of cancellation, you must inform us
HAMANN GmbH, Im Eppen 24, D-89185 Hüttisheim, Phone: +49 (0) 7392 / 9732 – 0, Fax: +49 (0)7392 9732-222, Email: info@hamann-motorsport.com
of your decision to cancel this contract by sending us a clear declaration to this effect (e.g. a letter sent by post or an e-mail). You may use the enclosed specimen cancellation form for this purpose but use of this form is not obligatory.
To observe the cancellation period, it is sufficient if you send us your notice that you are exercising your right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must reimburse all the payments to you that we have received from you, including the delivery costs (except for additional costs resulting from the fact that you selected a method of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may refuse to make the repayment until we have received back the goods or until you have furnished proof that you returned the goods, whichever the earlier.
You must send back or hand over the goods to us without delay and at all events at the latest within fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is observed if you dispatch the goods before the end of the fourteen-day period.
You bear the direct costs of the return of goods able to be sent as parcel post. In the case of goods that cannot be sent back normally by post due to their nature, you shall bear the direct costs of returning the goods. The costs shall be estimated at the maximum at around the amount for the dispatch of the goods to you.
You shall only be required to pay for any diminished value of the goods if this diminished value is due to handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
Exclusion or premature lapse of the right of cancellation
There is no right to cancel contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or designation by the consumer is relevant or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or the best-before date of which would be quickly exceeded;
for the delivery of alcoholic drinks, the price of which was agreed on conclusion of contract which, however, can be delivered at the earliest 30 days after conclusion of contract and the current value of which depends on fluctuations on the market which the entrepreneur cannot influence;
for the delivery of newspapers, journals or magazines with the exception of subscription contracts.
The right of cancellation lapses prematurely in the case of contracts
for the delivery of sealed goods which for reasons of health protection or hygiene are unsuitable for returning if the seal was removed after delivery;
for the delivery of goods if these were inseparably mixed with other goods after delivery on account of their nature;
for the delivery of sound or video recordings or computer software in a sealed packaging if the seal was removed after delivery.
End of the instructions on cancellation
§ 9 Code of behaviour
We are not subject to any codes of behaviour.
§ 10 Language of the contract, choice of law and place of jurisdiction
(1) The language of the contract is German.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Regarding consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual place of abode is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising under this contract shall be our registered office.
§ 11 Customer service
Our customer service is available for questions, complaints and objections on workdays from 08.00 to 17:00 under
Phone: +49 (0) 73 92 9732 – 0
Telefax: +49 (0) 73 92 9732 – 222
Email: info@hamann-motorsport.com
§12 Safeguarding clause
Should one or more provisions of these Terms and Conditions be or subsequently become invalid or unenforceable, this shall not affect the remaining provisions, unless a contracting party would be so unacceptably disadvantaged by the omission of single clauses that they can no longer be reasonably expected to adhere to the contract.
Status of the Terms and Conditions as per: 22.10.2015
