Standard Terms and Conditions of KW automotive GmbH and Raceroom Entertainment AG
§ 1 Scope of Application and Defined Terms
(1) The following Standard Terms and Conditions apply to all business relations between us and the Customer in the version as applicable at the time an order is placed.
(2) "Consumers" within the meaning of these Standard Terms and Conditions are individuals persons entering into business relations with us for any purpose not attributable to their trade, business or profession (Section 13 German Civil Code).
(3) "Entrepreneur" within the meaning of these Standard Terms and Conditions are individuals or legal entities or partnerships with legal capacity entering into business relations with us and acting in exercise of their trade, business or profession (Section 14 German Civil Code). Insofar as Entrepreneurs do not act in exercise of their trade, business or profession, they will also benefit from consumer rights. They are considered Consumers within the meaning of these Standard Terms and Conditions.
(4) "Customers" within the meaning of these Standard Terms and Conditions relates to both Consumers and Entrepreneurs.
(5) Any standard terms and conditions of Entrepreneurs that deviate, conflict with, or supplement the present Standard Terms and Conditions will - even if known - not become contractual components, unless their applicability was expressly consented to in writing.
§ 2 Conclusion of a Contract, Storing the Text of the Contract
(1) The following regulations on the conclusion of a contract apply to orders via our Internet shop [www.kwshop.de].
(2) In case of concluding the contract by the purchase of hardware (simulators, controller and accessories), the contract will be concluded with:
KW automotive GmbH
legally represented by its Managing Directors Klaus Wohlfarth, Jürgen Wohlfarth
Aspachweg 14
74427 Fichtenberg, Germany
Registration number: HRB 571255
Register court: Amtsgericht Stuttgart.
(3) In case of concluding the contract by the purchase of software (digital products, downloads), the contract will be concluded with:
RaceRoom Entertainment AG
legally represented by the Managing Director: Peter Banz
Industriestrasse 13
6343 Rotkreuz, Switzerland
Managing Director: Peter Banz
Jurisdiction: Kanton Zug CH
Register number: 170.3.034.347-0
(4) The presentation of the goods in our Internet shop (not on ebay) does not constitute any legally binding offer of a contract on our part, but merely amounts to a non-binding invitation to the Customer to order goods. Upon ordering the desired goods, the Customer submits an offer for the conclusion of a purchase contract binding on him.
(5) Upon receipt of any order in our Internet shop (not ebay), the following regulations shall apply:
The Customer submits a binding offer to enter into a contract by successfully passing through the order procedure provided for in our Internet shop. The order is placed by the following steps:
1. Selection of the desired goods
2. Confirmation by pressing the button "add to basket" (symbol shopping cart/basket)
3. Review of items in the shopping basket
4. Confirmation of button "proceed to checkout"
5. Entry of applicant's information (address, telephone number and email address)
6. Selection of the payment method
7. Noting the STC and Revocation Right Instructions
8. Sending the order with binding effect by clicking the "purchase" button.
Before sending the order with binding effect, the Customer can after review of his statements return to the Internet page where he entered his details by pressing the "return" button contained in the Internet browser he uses, and may then correct any entry errors or break off the order action by closing the Internet browser. We directly confirm receipt of the order by an automatically generated email. Such confirmation does not yet constitute an acceptance of the offer. The offer is accepted in writing, in text form or by delivery of the goods ordered.
(6) In the case of an order placed via our Internet shop (not ebay), we will be entitled to accept the Customer's offer to enter into a contract either in writing or in text form or by delivering the ordered goods within one week. After unsuccessful expiry of the period set forth in sentence 1, the offer is deemed rejected.
(7) Storage of the text of the contract in case of orders placed via our Internet shop (not ebay): We store the text of the contract and send you the order details and our Standard Terms and Conditions (STC) by email. You can also view our STC at any time at www.kwshop.de. For security reasons, your order data are no longer accessible on the Internet.
§ 3 Prices, Costs of Delivery, Payment, Due Date
(1) The stated prices contain the statutory value added tax and other price components. Shipping charges, if any, and the costs of cash on delivery are additionally added.
(2) The Customer can pay in advance (remittance), by PayPal, or by cash on delivery. Payment by cash on delivery is possible only upon delivery within the Federal Republic of Germany. As a protection against the credit risk, we reserve the right to process the requested order only with advance payment, depending on the relevant creditworthiness.
(3) If the Customer has chosen payment in advance or by PayPal, he undertakes to pay the purchase price without undue delay after the conclusion of the contract. Insofar as we deliver for cash on delivery, the purchase price claim is due upon receipt of the goods.
(4) During any default in payment, the Entrepreneur has to pay interest of 8 % above the base rate on the amount owed. With regard to the Entrepreneur, we reserve the right to prove and assert a higher default damage.
(5) The Entrepreneur is entitled to set-off only if its counterclaims are undisputed or have been established by non-appealable judgment. This does not affect any warranty claims of the Entrepreneur.
§ 4 Delivery, Passing of Risk
(1) Unless expressly stated otherwise in the product specifications, all articles offered by us are ready for immediate shipping.
(2) If the Customer has chosen payment in advance or by PayPal, we will not ship the goods before receipt of payment.
(3) If the purchaser is a Consumer, the risk of accidental loss and accidental deterioration of the item sold will also in case of a sale to destination pass to the purchaser only when the item is handed over to him.
(4) If the purchaser is an Entrepreneur, the risk and danger of shipping will pass as soon as the goods have been handed over to the logistics cooperation partner we commissioned.
(5) If the Customer is an Entrepreneur, we reserve the right to determine a new reasonable delivery period after prompt notification of the Customer in the case that we cannot comply with a delivery period for reasons for which we are not responsible. If the ordered article is unavailable also within this new delivery period, we will in the case of Entrepreneurs be entitled to withdraw from the contract. Any consideration already paid will be reimbursed without undue delay.
§ 5 Retention of Title
(1) If the Customer is a Consumer, we retain title to the goods until full payment of the purchase price.
(2) If the Customer is an Entrepreneur, we retain title to the goods until full payment of all receivables under the ongoing business relationship. If the value of the retained goods exceeds the receivables under the ongoing business relationship by 10%, we will insofar be obliged to release the retained goods.
(3) If the Customer is an Entrepreneur, it will be entitled to resell the goods in the ordinary course of business. The Entrepreneur already here and now assigns to us all claims against a third party accruing to it from the resale, in the amount invoiced. We accept this assignment. After the assignment, the Entrepreneur will be entitled to collect the receivables. We reserve the right to collect the receivables ourselves as soon as the Entrepreneur does not duly comply with its payment obligations and enters into default. The handling and processing of the goods by the Entrepreneur will at all times be on our behalf. If the goods are processed by the Entrepreneur, we will acquire co-ownership in the new object in proportion to the value of the goods we delivered. The same applies if Entrepreneurs process or mix the goods with other items not belonging to us.
§ 6 Warranty
(1) In the case of Consumers, the statutory warranty regulations apply.
(2) In the case of Entrepreneurs, the warranty claims for used items will in contrast thereto be statute-barred one year from delivery of the goods. The reduction of the limitation period does not apply to warranty claims for damages based on gross negligence or intent, or the violation of material contractual obligations. Material contractual obligations are such obligations whose proper fulfilment enables the performance of the contract in the first place and in respect of which the purchaser may regularly expect compliance.
(3) In the case of Consumers, claims for damages for injury to life, body or health or based on the German Product Liability Act shall also remain unaffected. The same applies to any breach of duty on the part of our vicarious agents.
(4) In the case of Entrepreneurs, warranty claims other than for damages shall become statute-barred one year from delivery of the goods. The statutory limitation periods for recourse claims of the Entrepreneur according to Section 478 German Civil Code remain unaffected thereby.
(5) Entrepreneurs within the meaning of these Standard Terms and Conditions must without undue delay inspect the goods for any deviations in quality and quantity and notify any noticeable defects to us in writing within one week of receipt of the goods. Failure to comply with this requirement will result in an exclusion of any assertion of warranty claims. Entrepreneurs must notify us of any hidden defects in writing within one week of discovery. For observance of the time limit, it shall suffice that the notice of defect be sent in time. The Entrepreneur bears full burden of proof for all claim requirements, in particular for the existence of the defect itself, the date when the defect was discovered, and the timely notification of the defect.
§ 7 Limitation of Liability
We exclude liability for any damage caused by slight negligence, unless these result from a breach of essential contractual obligations whose proper fulfilment enables the performance of the contract in the first place and in respect of which the purchaser may regularly expect compliance, which relate to guarantees on the quality of the purchase object, or damage resulting from an injury to life, body or health, or refer to claims under the Product Liability Act. The same applies to any breach of duty on the part of our vicarious agents. If any essential contractual obligation is breached liability shall in case of slight negligence be limited to the damage typically associated with the contract and foreseeable.
§ 8 Contractual regulation regarding the costs of return upon revocation
If you exercise your revocation right, then the agreement shall apply, according to which you will have to bear the regular costs of return. You must send the goods back to our contact address
KW automotive GmbH
Aspachweg 14
D-74427 Fichtenberg
at your own cost.
§ 9 Code of Conduct
We have not submitted ourselves to any code of conduct.
§ 10 Contract Language, Choice of Law and Place of Jurisdiction
(1) The exclusive contract language is German.
(2) The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on the International Sale of Goods (CISG). With regard to Consumers who do not enter into the contract for any professional or commercial purposes, this choice of law applies only to the extent that Consumer is not deprived of the protection granted by the mandatory laws of the state in which the Consumer has its habitual place of residence.
(3) If the Customer is a merchant, a legal person under public law, or a separate estate under public law, the competent court at our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.
§ 11 Customer Service
Our customer service will be pleased to assist you with any questions, complaints and objections on each working day from 08:30 to 12:30 hours and from 13:30 to 17:00 hours, as follows:
Telephone: +49 (0) 7971 - 9630 – 0
Fax: +49 (0) 7971 - 9630 – 191
E-Mail: info@raceroom.com
§ 12 Severability Clause
In the event that one or several provisions of these Standard Terms and Conditions are or later become invalid or unenforceable, the other provisions shall remain unaffected thereby, unless the elimination of individual clauses would disadvantage any one party to such unreasonable extent that it cannot be expected to maintain the contract.
§13 End-User Licence Agreement
We would like to point out that virtual game content of the RaceRoomStore can only be used in RaceRoom Racing Experience (R3E) developed by RaceRoom Entertainment GmbH.
Therefore, these contents are part of the End User License Agreement ("EULA") for RaceRoom Racing Experience.
http://game.raceroom.com/en/about/eula/
Notes on the Environment and Packaging - Packaging Ordinance (VerpackV)
Participation in a nation-wide system of taking back sales packaging. We hereby confirm that we fully comply with our obligations under the Packaging Ordinance in the version as at 01 January 2009. For this purpose, we have especially joined a system of nation-wide taking back of sales packaging accruing to private end users (Section 6 Para. 3 VerpackV). Our contract partner is VFW GmbH. Further information on this subject is, for example, provided at www.vfw-gmbh.eu
Instructions according to Section 18 Battery Act - BattG
In connection with the sale of batteries (e.g. from a source of electrical energy consisting of one or several non-rechargeable primary cells or from rechargeable secondary cells, such energy generated by direct conversion of chemical energy, cf. Section 2 Para. 2 BattG) or battery-operated devices, we are as distributors obliged according to Section 18 Battery Act to provide information on the relevant regulations and obligations:
You are obliged to dispose of old batteries by placing them in a collection separate from that for unsorted domestic waste. This means that you must return old batters to a communal collection point or to the local retail trade. Disposal through common domestic waste is prohibited and in violation of the Battery Act. You can return the batteries purchased from us without charge. Any questions and returns of batteris shall be addressed to:
KW automotive GmbH
Aspachweg 14
D-74427 Fichtenberg
Telephone: +49 (0) 7971 9630-0
Fax: +49 (0) 7971 9630-191
E-Mail: info@raceroom.com
Batteries containing any harmful substances are clearly marked with the symbol of a crossed-out waste bin. Furthermore, the chemical denomination of the corresponding harmful substances is stated below the crossed-out waste bin, for example (Pb) lead, (Cd) cadmium, (Hg) quicksilver. You can also again read this information in the papers accompanying the consignment, or in the user manual of the respective manufacturer.
Further detailed notes on the Battery Ordinance can be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, for example at http://www.bmu.de/abfallwirtschaft.
