Terms and Conditions (GTC)
General Terms and Conditions of Bremotion Sport Marketing GmbH (hereinafter referred to as Bremotion)§ 1 General - Scope1. Our sales and delivery conditions apply exclusively; we do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our terms and conditions of sale and delivery also apply if we make the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.2. Our terms of sale also apply to all future transactions with the customer.3. Insofar as these sales and delivery conditions contain regulations for commercial transactions, these only apply to a merchant if the contract is part of the operation of his trade, as well as to legal entities under public law and special funds under public law. § 2 Offer and conclusion of contract1. Our offers are non-binding. If the order qualifies as an offer according to § 145 BGB, we can accept it within two weeks.2. We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to such written documents that are marked as confidential. Before passing them on to third parties, the customer requires our express written consent. A contract is formed by our written order confirmation. Our written order confirmation is decisive for the content of the contract. Changes and assurances as well as ancillary agreements require our written confirmation to be valid.3. Information regarding the delivery item or service is expressly not a guarantee of the quality of the delivery item. We reserve the right to make changes to the subject matter of the contract without prior notice during the delivery period. This, however, only if the subject matter of the contract and its external appearance do not experience any loss of quality or other changes that are unreasonable for the customer. In particular, technical changes, improvements based on the latest state of science and technology, improvements in construction and the choice of materials are considered reasonable for the customer. If the manufacturer or we use numbers or characters to designate or order the ordered item, no rights can be derived from this alone.§ 3 Contract conclusion for online ordersThe order represents an offer to us to conclude a purchase contract. If an order is placed with Bremotion is placed, we will send the customer an e-mail confirming that we have received the order and listing the details. This order confirmation does not represent acceptance of the offer, but is intended to inform the customer that we have received the order. A purchase contract is only concluded when the ordered product is sent to the customer and the dispatch to the customer is confirmed with a second e-mail. You can check and recognize input errors before you finally submit an offer by checking the summary order overview. Any necessary corrections can be made by pressing the back button on your browser, in which the entries on the previous page are corrected. We do not save the text of the contract. You can use the print function of your browser to print out the text of the contract. You can also save the text of the contract by right-clicking on the website and saving it to your computer. After sending the order, you will receive an e-mail from us, which confirms the order and shows you the essential data of the order again. The contract language is German is a natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity: Right of withdrawal Instructions on withdrawal You have the right to withdraw from this contract within fourteen days without giving reasons. 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 goods, if you ordered one or more goods as part of a single order and the Goods or goods are delivered in one piece; on which you or a third party named by you who is not the carrier took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately; on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece if you ordered goods that are delivered in several partial consignments or pieces; If several of the above alternatives are available, the cancellation period only begins when you or a third party named by you who is not the carrier have taken possession of the last goods or the last partial shipment or the last piece. In order to exercise your right of withdrawal, you must send us (Bremotion Sport Marketing GmbH, Cassellastraße 30-32, 60386 Frankfurt am Main, phone: +49 69 8300 7171; e-mail: info@bremotion.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired. with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the costs of returning goods that can be sent by parcel post. We bear the costs of returning goods that cannot be sent as a parcel. You only have to pay for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Exclusion or premature expiry 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 the production of which 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 can spoil quickly or whose use-by date would soon be exceeded; for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence; for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The right of cancellation expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery; for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature; for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. § 5 Prices, terms of payment1. Unless otherwise stated in the order confirmation, our prices apply "ex Bremotion", excluding packaging; this will be invoiced separately.2. Statutory value added tax is not included in our prices; it is shown separately on the invoice at the statutory rate on the day of invoicing.3. If the customer is a consumer, the net purchase price (without deductions, including VAT) is due for payment on the invoice date. The legal regulations regarding the consequences of default in payment apply. The purchase price is payable in advance, cash on delivery or cash when picking up the goods.4. The following applies to dealings with entrepreneurs: Unless otherwise stated in the order confirmation, the net purchase price (without deductions) is due for payment within 14 days of the invoice date. The statutory rules regarding the consequences of default in payment apply.5. The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.§ 6 Delivery time1. The start of the delivery time specified by us assumes that all technical questions have been clarified.2. Compliance with our delivery obligation also presupposes the timely and proper fulfillment of the customer's obligation. The objection that the contract has not been fulfilled remains reserved.3. If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we have incurred, including any additional expenses. Further claims remain reserved.4. If the requirements of paragraph 3 are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer defaults in acceptance or as a debtor.5. We are liable according to the statutory provisions insofar as the underlying purchase contract is a fixed transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. We are also liable under the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that there is no longer any interest in further performance of the contract.6. We are also liable according to the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents is to be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.7. We are also liable according to the statutory provisions if the delay in delivery for which we are responsible is based on the culpable violation of an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.8. Otherwise, in the event of a delay in delivery, we shall be liable for each full week of delay within the framework of a flat-rate compensation for delay in the amount of 3 per cent. H. of the delivery value, but not more than 15% of the delivery value.9. Further legal claims and rights of the customer are reserved. § 7 Transfer of risk - packaging costs1. Unless otherwise stated in the order confirmation, delivery “ex Bremotion” is agreed.2. If the customer so desires, we will cover the delivery with transport insurance; the customer bears the costs incurred in this respect.§ 8 Liability for defects1. Claims for defects by the customer (entrepreneur) presuppose that he has duly complied with his obligations to examine and give notice of defects according to § 377 HGB.2. If there is a defect in the purchased item, we are entitled to choose whether to remedy the defect or deliver a new item free of defects. In the event that the defect is remedied, we are obliged to bear the expenses required for the purpose of remedying the defect, in particular transport, travel, labor and material costs, provided these are not increased by the fact that the purchased item has been taken to a place other than the place of performance .3. If the supplementary performance fails, the customer is entitled to choose whether to withdraw from the contract or demand a price reduction.4. We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.5. We are liable in accordance with the statutory provisions if we culpably breach an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.6. Insofar as the customer is entitled to compensation for damage instead of performance, our liability is also limited within the scope of paragraph 3 to compensation for foreseeable, typically occurring damage.7. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.8. Unless otherwise agreed above, liability is excluded.9. In dealings with entrepreneurs, the limitation period for claims for defects is 12 months, calculated from the transfer of risk. The sale of used items takes place with the exclusion of any liability for material defects.10. Replaced parts become our property. For the parts installed to remedy the defect, the buyer can assert material defect claims on the basis of the purchase contract until the expiry of the limitation period for the purchased item.11. Warranty claims are excluded if a) the delivered items are used in motorsport competitions, other competitive drives or on racetracks to achieve top speeds; b) the vehicle is technically modified in a manner not approved by us.12. If the buyer is a consumer, the following applies: a) Claims for material defects become time-barred in the case of new items in 2 years from the transfer of risk of the purchased item. b) Claims for reimbursement of expenses or damages for defects or consequential damages only exist within the framework of the provisions of § 9 overall liability. § 9 joint liability1. Any further liability for damages than that provided for in the previous § 8 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages resulting from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.2. The limitation according to paragraph 1 also applies if the customer demands compensation for useless expenses instead of a claim for compensation for the damage.3. Insofar as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents. § 10 Protection of retention of title1. We reserve ownership of the purchased item until all payments from the business relationship with the customer have been received. If the customer behaves in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. If we take back the purchased item, this constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to sell it; the proceeds of sale are to be offset against the customer's liabilities - less reasonable costs of sale.2. The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.3. In the event of attachments or other interventions by third parties, the customer must inform us immediately in writing so that we can file a suit in accordance with § 771 ZPO. If the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer is liable to us for the loss incurred.4. The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount including VAT (our claim) that accrue to him from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not default in payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and notifies the debtors (third parties) of the assignment.5. The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. For the rest, the same applies to the item resulting from processing as to the purchased item delivered subject to reservation.6. If the purchased item is inseparably mixed with other items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.7. The customer also assigns claims to secure our claims against him, which arise from the connection of the purchased item with a property against a third party.8. We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; we are responsible for selecting the securities to be released.9. If the customer is a consumer, the goods remain the property of Bremotion until full payment has been made. § 11 Place of jurisdiction/place of performance1. If the customer is a merchant, our place of business is the place of jurisdiction; however, we are entitled to sue the customer in court at his place of residence.2. If the buyer does not have a general place of jurisdiction in Germany or if he relocates his domicile or usual place of residence outside the scope of the Federal Republic of Germany after the conclusion of the contract, our place of business is the place of jurisdiction. This also applies if the domicile or habitual abode of the buyer is not known at the time the action is filed.3. Rights from the contractual relationship with us may only be assigned with our prior written consent.4. The law of the Federal Republic of Germany applies, the validity of the UN sales law is excluded.5. The invalidity of individual provisions does not affect the validity of the contract or the remaining provisions. Status: June 2021