general terms and conditions
1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with 360carbon GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by submitting them in the order process and explained correction aids. By clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
When the contract is concluded with us depends on the payment method you have selected:
Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.
PayPal
As part of the PayPal payment service, we offer various payment methods as PayPal services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
Cash on pickup
We accept your order by sending a declaration of acceptance in a separate email within two days.
3. Delivery conditions
In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.
You always have the option of picking up. Please inform us at least 1-2 working days before your pickup so that we can provide the goods from our warehouse.
4. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal Plus
As part of the PayPal payment service, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have selected PayPal as the payment method, you must be registered there in order to pay the invoice amount, or you must first register and authenticate with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You’ll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as a legitimate card holder by your credit card company at the request of PayPal and your card will be charged. You’ll get more information during the ordering process. The limit for the payment method credit card is 1500 €.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment instruction, you give PayPal a direct debit mandate. PayPal will inform you of the date of the account debit. Upon submission of the direct debit mandate immediately after confirmation of the payment order, PayPal asks its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You’ll get more information during the ordering process.
If you have selected the payment method invoice, you do not have to be registered with PayPal to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-free effect. For payment processing via PayPal – in addition to our terms and conditions – the terms and conditions and privacy policy of PayPal apply. Further information and PayPal’s general terms and conditions for invoice purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice – regardless of a connection or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. You can find further important information on this topic under Shipping & Delivery.
For entrepreneurs:
The risk of accidental destruction and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The obligation to inspect and give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
8. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Towards entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, count as an agreement on the quality of the goods; We accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide our entrepreneurs with a choice of remedying the defect (rectification) or delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of willful or grossly negligent breach of duty and malice
- in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
(1) Claims by the customer for damages are excluded. This does not include claims for damages on the part of the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Liability for expressly designated motorsport parts is completely excluded.
(6) It is expressly pointed out that all motorsport parts are not approved for road use according to the valid road traffic regulations.
10. Code of Conduct
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will become ineffective.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Right of withdrawal
Consumers have a fourteen-day withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
In order to exercise your right of withdrawal, you must provide us (360carbon GmbH, An der Biberwiese 13, 82110 Germering, hello@zaero-design.com, Germany) with a clear statement (e.g. a letter sent by post or email) inform about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent the goods back.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. For goods that cannot be returned by post due to their nature, they are EUR 99. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
Please note that all products must be returned unused and in a new condition.
Otherwise we are free to request a replacement.
The right of cancellation does not exist for the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
- Contracts for the delivery of goods that are expressly marked as motorsport parts.