Terms & Conditions

1. Applicability

1.1. The business relationship between Racespot Media House GmbH, An der Hasenkaule 10 (21D), 50354 Hürth ("the vendor") and the customer is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order.

1.2. A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur means any natural person or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3. The vendor does not recognise deviating customer terms unless expressly agreed upon in writing.

2. Offers and Service Descriptions

2.1. Product and service displays on our website constitute invitations to order, not binding offers. Service descriptions in catalogues or on the website do not represent guarantees or promises.

2.2. All offers are valid as long as stocks last, unless otherwise stated in product descriptions. Errors excepted.

3. Order Process and Contract Conclusion

3.1. Customers select products and place them in a cart using the "Add to Cart" button, then proceed to checkout.

3.2. The "Place Binding Order" button creates a binding purchase request. Customers can modify order data or cancel before completion. Required fields are marked with asterisks (*).

3.3. The vendor sends an automatic receipt confirmation. A binding purchase contract is only deemed to be concluded when the vendor dispatches or confirms the dispatch of the product ordered within 2 days by sending the customer an email, order confirmation, or invoice.

3.4. For business customers, the dispatch/confirmation timeframe extends to seven days.

3.5. For advance payment: the contract concludes when customers provide bank details and fulfil payment. If payment is not received within 10 calendar days of order confirmation despite reminders, the vendor may withdraw from the contract, freeing them from supply obligations.

4. Prices and Delivery Costs

4.1. All prices indicated on the vendor's website are inclusive of statutory value-added tax (VAT) at the valid rate.

4.2. Delivery costs are charged separately and clearly communicated on a separate webpage and during the checkout process.

5. Delivery and Product Availability

5.1. Where advance payment is selected, delivery occurs after receipt of payment.

5.2. The vendor may withdraw from the contract if delivery fails after three attempts due to customer fault. Previous payments are refunded promptly.

5.3. The vendor may withdraw if the ordered product becomes unavailable through no vendor fault. Customers are notified immediately. The vendor may offer comparable products; if none are available or unwanted, payments are refunded promptly.

5.4. Delivery periods and restrictions are noted on a separate page or in the respective product description.

5.5. For business customers, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the item to the forwarding agent. Delivery dates are not binding for entrepreneurs.

5.6. The vendor is not responsible for delays caused by force majeure or unforeseeable events. The vendor may postpone delivery by the duration of the impediment plus a reasonable start-up period. If the delay becomes unreasonable, business customers may withdraw after setting a reasonable deadline.

6. Terms of Payment

6.1. Customers select a payment method during checkout. Available payment methods are displayed on a separate webpage.

6.2. Where payment on account is available, payment must be made within 30 days of receipt of the goods and the corresponding invoice. All other payment types require advance payment.

6.3. Third-party payment processors' terms apply where applicable (e.g. PayPal).

6.4. Where a calendar date defines the payment due date, customers will be deemed to be in arrears as soon as they fail to comply with that due date. Interest on arrears does not preclude the vendor from enforcing other delay-related damage claims.

6.5. Customers may set off only valid or vendor-acknowledged counterclaims. Retention rights apply only to claims arising from the same contractual relationship.

7. Retention of Title

The vendor retains title of the goods supplied until full payment has been received.

For business customers: the vendor retains title until all outstanding claims arising from the ongoing business relationship are settled. Customers must treat purchased items with care, insure them adequately at replacement value against theft, fire, and water damage, and perform timely maintenance at their own expense.

Third-party access to vendor-owned goods must be reported immediately. Customers may resell reserved goods in the ordinary course of business, with all resale claims automatically assigned to the vendor for security. The vendor authorises the customer to collect assigned claims but may revoke this if payment obligations are not met.

The vendor releases securities when their total value exceeds outstanding claims by 10% (or 50% if liquidation risk exists). Upon settlement of all vendor claims, ownership and assigned claims pass to the buyer.

8. Customer Account

8.1. The vendor provides customer accounts displaying order information and stored customer data. Account information is not publicly accessible. Customers may order as guests without creating an account.

8.2. Customers must provide truthful information and update it when circumstances change. Customers bear responsibility for disadvantages arising from inaccurate information.

8.3. Accounts must be used in accordance with applicable legal provisions, particularly those protecting third-party rights. External software such as bots or crawlers is prohibited.

8.4. Customers bear responsibility for content posted in accounts. The vendor reserves the right to delete content, request explanations, issue warnings, or impose account bans based on infringement risk.

8.5. Customers may terminate their account at any time. The vendor may terminate accounts with reasonable notice (typically two weeks). The vendor reserves the right to extraordinary termination. Upon termination, account access and stored information become unavailable. Customers must back up their data before termination.

9. Product Warranty and Guarantee

9.1. Warranty (liability for defects) shall be determined in accordance with statutory provisions, subject to the following terms.

9.2. Guarantees apply only when customers have received express notice before ordering.

9.3. Business customers must inspect goods promptly and notify the vendor in writing of visible defects within two weeks after delivery and non-visible defects within two weeks after discovery. Trade-customary deviations do not constitute defects.

9.4. For business customers, the vendor chooses between rectification or replacement for defective goods. Material defects become statute-barred one year after risk transfer (longer periods apply per law). Warranty is excluded for used goods sold to entrepreneurs.

9.5. If a business customer has installed a defective item, the vendor shall not be obliged to reimburse the customer for the necessary expenses of removal and reinstallation under subsequent performance or recourse within supply chains.

10. Liability

10.1. These liability exclusions apply regardless of other statutory eligibility criteria.

10.2. The vendor bears unrestricted liability for damage caused by wilful intent or gross negligence.

10.3. For minor negligence violating fundamental obligations essential to the contractual purpose, liability is restricted to foreseeable, contract-typical damage. Minor negligence violating other obligations excludes liability.

10.4. These restrictions do not apply to damage to life, limb, or health, defects identified after guarantee acceptance regarding product nature, or defects kept secret with wilful deceit. Liability under the German Product Liability Act remains unaffected.

10.5. The vendor's liability exclusions and restrictions also apply to the personal liability of employees, representatives, and agents.

11. Storage of the Contract

11.1. Customers may print contracts using browser print functions during the final order step.

11.2. The vendor sends the customer an order confirmation containing all order data to the email address provided. Copies of general terms, cancellation policy, shipping costs, and payment terms accompany the confirmation or delivery.

11.3. Registered customers can view their orders in their account profiles. Contracts are stored but are not accessible via the internet. Business customers may receive contract documents via email, mail, or online references.

12. Closing Remarks

12.1. For entrepreneurs, the place of performance and jurisdiction is the vendor's seat, provided the customer is a merchant, a public-law entity, or has no general jurisdiction domicile in Germany. The vendor reserves the right to choose alternative admissible jurisdictions.

12.2. German law applies to contracts with entrepreneurs, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions dictate otherwise.

12.3. The contract language is German.

12.4. The European Commission provides a platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr/. The vendor is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.