Terms of service

§ 1 Scope and Provider

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by EISENBEISSER GmbH (hereinafter referred to as the “Provider”) to you in the version valid at the time of the order.

Any deviating terms and conditions of the customer are hereby rejected.

Please read these terms carefully before placing an order with EISENBEISSER GmbH. By placing an order with EISENBEISSER GmbH, you agree to the application of these GTC to your order.

On EISENBEISSER-racing.shop we offer the sale of the following products: Motorcycle racing accessories.

§ 2 Conclusion of the Contract

Contracts on this portal may only be concluded in the German language.

The offers are directed exclusively to end customers with a billing and delivery address worldwide.

For certain bulky goods, delivery addresses and delivery locations may be restricted; such restrictions are indicated in the respective listing.

The customer must be at least 18 years old.

The presentation of products in the online shop does not constitute a legally binding offer. The presentation merely invites the customer to submit an offer.

Your order represents an offer to EISENBEISSER-racing.shop to conclude a purchase contract. The customer submits a binding offer by completing the online ordering process and clicking the button “Buy now! / Place order with obligation to pay!” in the final step.

The purchase contract between the Provider and the customer is only concluded upon acceptance by the Provider. Acceptance occurs at the earlier of either dispatch of the goods or the sending of a shipping confirmation by email. Please note that confirmation of receipt of your order does not constitute acceptance.

Contracts involving quantities exceeding normal household amounts as well as commercial resale require the express confirmation of the Provider. This applies both to the quantity ordered within a single order and to multiple orders of the same product where each order individually represents a normal household quantity.

Your orders are stored by us after the contract is concluded. If you lose your order documents, please contact us by email or phone. We will send you a copy of your order data.

Access to the EISENBEISSER-racing.shop service requires registration.

By registering, the customer accepts these GTC. Registration creates a contractual relationship between bbt-racing.com and the registered customer, governed by these GTC.

The presentation of services on the website does not constitute a legally binding offer. It merely invites the customer to submit an offer.

By ordering a paid service, the registered customer enters into an additional contractual relationship with EISENBEISSER-racing.shop separate from the registration. Before concluding such a contract, the user will be informed about the paid service and payment conditions. The contractual relationship is concluded when the customer confirms the order and payment obligation by clicking the button “Buy now! / Place order with obligation to pay!”.

You agree to receive invoices electronically. Electronic invoices will be provided by email or via your customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available.

§ 3 Description of Services

The scope of services provided by EISENBEISSER-racing.shop includes the following:

Information about our offered products and services as well as the purchase of products.

§ 4 Prices and Shipping Costs

Our prices include the applicable statutory VAT and exclude shipping costs or shipping surcharges. Shipping costs vary depending on the delivery method and the nature of the item.

Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We verify prices when processing your order and before charging payment. If a product’s correct price is higher than the price stated on the website, we will contact you before shipping to ask whether you wish to purchase the product at the correct price or cancel the order. If the correct price is lower, we will charge the lower amount and send you the product.

The prices valid at the time of ordering apply. If list prices exist, the valid list price at the time of ordering applies.

Registration is required before using EISENBEISSER-racing.shop.

If the user wishes to use a paid service, they will be informed in advance about the charges. The respective scope of services, costs, and payment methods will be listed.

The Provider reserves the right to charge different pricing models for different booking periods and user groups, especially for different usage periods, and to offer varying service scopes.

§ 5 Delivery and Cancellation

Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Information regarding product availability sold by EISENBEISSER-racing.shop can be found on the website (e.g., on the respective product detail page). All information regarding availability, shipping, or delivery dates is only approximate and non-binding unless explicitly designated as binding.

If EISENBEISSER-racing.shop determines during order processing that ordered products are unavailable, you will be informed separately by email or through your customer account. Statutory rights remain unaffected.

If delivery to the customer is impossible because the goods do not fit through doors, entrances, or staircases, or because the customer cannot be reached at the specified delivery address despite prior notice within a reasonable timeframe, the customer shall bear the costs of the failed delivery.

Delivery depends on the selected payment method. For prepayment, delivery occurs after the payment order is issued to the transferring bank. For PayPal, credit card, gift card, direct debit, instant transfer, or invoice payments, delivery occurs after conclusion of the contract.

If your order is shipped in multiple packages, you may receive separate shipping confirmations for each package. In this case, a separate purchase contract is concluded for each shipping confirmation regarding the products listed therein. The contractual partner is EISENBEISSER GmbH. Regardless of your right of withdrawal, you may cancel your order free of charge at any time before the shipping confirmation for the corresponding product has been sent.

§ 6 Customs

If you order products from EISENBEISSER-racing.shop for delivery outside the European Union, you may be subject to import duties and taxes once the shipment reaches the destination country. Any additional customs clearance charges must be borne by you; we have no control over these charges. Customs regulations vary widely between countries, so you should contact your local customs office for more information.

Please also note that when ordering from bbt-racing.com, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. Protecting your privacy is important to us, but international shipments may be opened and inspected by customs authorities.

§ 7 Payment Terms

Any fees incurred are payable in advance at the due date without deduction to EISENBEISSER-racing.shop.

The customer may pay using the following methods:

– PayPal
– Prepayment / Bank Transfer

Certain payment methods may be excluded by the Provider in individual cases.

Payment by sending cash or checks is not permitted.

By selecting an online payment method, the customer authorizes the Provider to collect the due amounts at the time of the order.

If payment in advance is offered and selected, the customer must transfer the invoice amount within five calendar days after placing the order. The Provider reserves the goods for five calendar days accordingly.

If payment by credit card is offered and selected, the customer expressly authorizes the Provider to charge the due amount.

If payment by direct debit is offered and selected, the customer grants the Provider a SEPA direct debit mandate. In the event of a chargeback due to insufficient funds or incorrect banking details, the customer shall bear the resulting costs.

If payment by invoice is offered, the customer undertakes to pay the invoice amount within 14 days after dispatch of the goods without deduction.

In the event of late payment, the Provider reserves the right to claim default damages.

§ 8 Registration and Termination

The customer declares that neither they nor, to their knowledge, any member of their household has been convicted of an intentional criminal offense endangering third parties, particularly offenses against sexual self-determination, life, physical integrity, personal freedom, theft, robbery, extortion, or drug abuse.

Users may deregister at any time without stating reasons via mail, email, or telephone. Users may also deactivate their account independently within their user account settings. The contractual relationship then ends.

If a user has registered for a paid service, cancellation must occur no later than 14 days before the booking period ends. Otherwise, the paid service is automatically extended for the chosen period. Cancellation may be made by phone, email, or letter and will be confirmed in writing.

EISENBEISSER-racing.shop may terminate the contract at any time, with or without prior notice and without stating reasons.

Following termination, EISENBEISSER-racing.shop reserves the right to notify other users who may have been in contact with the user.

Users are prohibited from intentionally providing false or fraudulent information.

If access is blocked due to culpable breach of contract, the user must pay damages equal to the agreed remuneration minus saved expenses.

After termination, all user data will be deleted.

§ 9 Limitation of Liability (Services)

EISENBEISSER-racing.shop assumes no responsibility for the content and accuracy of the information contained in the registration and profile data of customers, as well as any other content generated by customers.

With regard to the requested or offered service, the contract is concluded exclusively between the respective participating customers. Therefore, EISENBEISSER-racing.shop shall not be liable for the services provided by participating customers. Accordingly, all matters relating to the relationship between customers, including without limitation the services received by a requester or payments owed to customers, shall be addressed directly to the respective party involved. EISENBEISSER-racing.shop cannot be held responsible for this and hereby expressly rejects any and all liability claims of any kind whatsoever, including claims, services, direct or indirect damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising in any way in connection with the aforementioned matters.

EISENBEISSER GmbH shall only be liable for damages resulting from injury to life, body, or health if such damages are based on an intentional or negligent breach of duty by EISENBEISSER GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of EISENBEISSER GmbH.

For other damages, insofar as they are not based on the breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), EISENBEISSER GmbH Europe shall only be liable if they are based on an intentional or grossly negligent breach of duty by EISENBEISSER GmbH or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of EISENBEISSER GmbH.

Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of delay, such claims shall amount to a maximum of 5% of the order value.

Claims for damages arising from injury to life, body, health, or freedom shall become time-barred after 30 years; all other claims after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or would have become aware thereof without gross negligence (§ 199 para. 1 German Civil Code – BGB).

The provider reserves the right to review the content of texts written by users and uploaded files for compliance with applicable laws and legal regulations and, if necessary, to delete them in whole or in part.

§ 10 Set-Off and Right of Retention

The customer may only offset claims if the counterclaim has been legally established or acknowledged by the Provider.

The customer may only exercise a right of retention if the counterclaim arises from the same contractual relationship.

§ 11 Retention of Title

EISENBEISSER GmbH retains ownership of the goods until full payment has been received.

§ 12 Transport Damage

Customers are requested to report obvious transport damage immediately to the carrier and contact EISENBEISSER GmbH. Failure to do so does not affect statutory warranty rights.

§ 13 Warranty Rights

If the customer is a consumer, the warranty and liability for defects of the delivered purchase item shall be governed by the statutory provisions. Accordingly, customers in the European Union have statutory warranty rights for a period of two years from delivery of the goods, in addition to the 30-day return guarantee, and may request repair or replacement of products purchased on EISENBEISSER-racing.shop if these prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable period of time or without difficulties, you may request a refund or reduction of the purchase price.

In the case of used goods, the warranty period may be shorter than two years.

If the customer is not a consumer, the defect shall be remedied by replacement delivery or subsequent performance.

If the customer is not a consumer, the limitation period shall be one year. This shall not apply to claims for damages and reimbursement of expenses relating to damages involving injury to life, body, or health, or claims based on intent or gross negligence.

§ 14 Limitation of Liability (Products)

The Provider is liable for damages resulting from injury to life, body, health, or essential contractual obligations, as well as damages caused intentionally or through gross negligence.

Essential contractual obligations are obligations necessary to achieve the purpose of the contract.

Liability for breaches of essential contractual obligations is limited to foreseeable, contract-typical damages.

The provisions of the German Product Liability Act remain unaffected.

Any limitation of liability also applies to employees, representatives, and agents of EISENBEISSER-racing.shop.

§ 15 Right of Withdrawal

Insofar as contracts for paid services are concluded between us and our customers for which customers are entitled to a statutory right of withdrawal (in particular in the case of contracts concluded exclusively by means of distance communication such as letter, telephone, e-mail, or online form), the following withdrawal policy shall apply:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods (or the last goods, partial shipment, or item in the case of a contract for several goods within a single order or the delivery of goods in several partial shipments or items), without giving any reason.

The withdrawal period for services is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us:

EISENBEISSER GmbH

Karl-Meißner-Straße 2
06132 Halle Saale
Germany

Phone: +49 (0) 345 / 96397140
E-mail: info@EISENBEISSER-Racing.com

by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the sample withdrawal form on our website for this purpose or submit another clear declaration. If you make use of this option, we will immediately send you confirmation of receipt of such withdrawal (e.g. by e-mail).

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than within 14 days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

If you requested that the services should begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you informed us of the exercise of the right of withdrawal in relation to this contract, compared to the total scope of the services provided for in the contract.

We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to:

EISENBEISSER GmbH

Karl-Meißner-Straße 2
06132 Halle Saale
Germany

Phone: +49 (0) 345 / 96397140
E-mail: info@EISENBEISSER-Racing.com

without undue delay and in any event no later than within 14 days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.

Exceptions to the Right of Withdrawal

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods which was not necessary for checking the condition, characteristics, and functioning of the goods.

The right of withdrawal does not apply or expires in the following contracts:

– for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, after delivery, have been inseparably mixed with other goods due to their nature;
– for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
– for the delivery of goods manufactured according to customer specifications or clearly tailored to personal needs;
– for the delivery of goods which are liable to deteriorate rapidly or whose expiration date would quickly be exceeded;
– for services if EISENBEISSER-racing.shop has fully performed the service and you acknowledged and expressly agreed before ordering that we could begin providing the service and that you would lose your right of withdrawal upon full performance of the contract;
– for the delivery of newspapers, magazines, or illustrated publications, with the exception of subscription contracts; and
– for the delivery of alcoholic beverages whose price was agreed upon at the conclusion of the purchase contract, but which can only be delivered after 30 days and whose current value depends on market fluctuations over which the entrepreneur has no influence.

§ 16 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts:

– for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that are liable to deteriorate rapidly or whose expiration date would quickly be exceeded.

The right of withdrawal expires prematurely in contracts:

– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
– for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 17 Data Protection

Personal data will only be collected with prior consent.

Data transmission over the internet may contain security vulnerabilities.

Third parties may not use contact details for commercial purposes without written consent.

Users have the right to free information regarding stored personal data.

Users have the right to correction, deletion, or restriction of processing.

Further information is available in the separate Privacy Policy.

§ 18 Cookies

Cookies may be used to display product offerings.

Cookies may contain unique identifiers enabling browser recognition.

Cookies improve usability and functionality.

Session cookies are automatically deleted after closing the browser; persistent cookies may remain stored.

Users may object to cookies via the cookie banner.

Browser settings may be adjusted to prevent or delete cookies.

§ 19 Jurisdiction and Applicable Law

The law of the Federal Republic of Germany shall apply exclusively. The place of jurisdiction is the registered office of EISENBEISSER GmbH, unless mandatory consumer protection regulations provide otherwise.

§ 20 Final Provisions

Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose intended by the parties.