Terms of Service
§ 1 Scope of the General Terms and Conditions
All deliveries and services to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB are made exclusively on the basis of these general terms and conditions (hereinafter referred to as "GTC"). A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a legal partnership (a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities) who, when concluding a legal transaction, exercise their commercial or independent professional activity.
§ 2 product selection
- The customer can order products on the company's website.
- The detailed product description is shown on a separate product page.
- By clicking on the shopping cart symbol, the product can be selected and added to the virtual shopping cart. At the end of the purchase, the customer receives a list of the selected products with the total price including VAT.
- Before submitting the order, the customer is given the opportunity to check the content of the order, especially with regard to price and quantity, and to correct it if necessary. For this purpose, the essential contract content such as product description, if necessary minimum duration, total price and shipping / additional costs are made available to the customer in a clearly and understandable way immediately before placing his order. In addition, the order situation in the online shop is designed in such a way that the customer expressly confirms with his order that he is obliged to pay. The corresponding button was labeled with the word "Buy" in a legible manner.
§ 3 conclusion of contract
- The terms and conditions are made available in German and English. Only the German version of the text is legally binding.
- By submitting the order, the customer submits a legally binding offer, which the company can accept within 5 days by sending an order confirmation to the customer in text form. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his offer. The confirmation of receipt of the customer order sent electronically immediately after receipt of the order is not yet considered acceptance.
- The text of the contract and the order data are made available before the contract is concluded and can be printed out and saved by the customer. After completing the order process, the contract text will no longer be saved.
- After submitting your order, you will receive an email confirming the receipt of your order data, including our statutory information obligations. This confirmation does not constitute an order confirmation. A sales contract is only concluded if we confirm this order within a period of 3 working days from receipt of your order by sending the goods to you or by sending an express order confirmation. The contract will be stored by us. The text of the contract we have saved will be communicated to you in the confirmation of receipt of your order data. You can print out this text or save it. You have no access to this data. You can identify input errors by checking the shopping cart and changing them there or using the "BACK" function on the previous page.
§ 4 prices, shipping costs, delivery area
- The list prices at the time of the order always apply, as shown on the product pages.
- All prices are ex-company headquarters including VAT plus costs for packaging and shipping.
- In the event of a cancellation, the customer must bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of EUR 40 or if the customer has a higher price for the goods at the time of the cancellation has not yet made the consideration or a contractually agreed partial payment. In addition, the company bears the costs of the return.
- We deliver to all customers within the territory of the member states of the European Union. Customers whose place of residence (for consumers) or business headquarters (for entrepreneurs) is outside this delivery area will be supplied with goods in individual cases on the basis of a separate written agreement.
§ 5 customer data
All data protection requirements, in particular the requirements of the Telemedia Act and the Federal Data Protection Act, are observed by the company. Personal data of the customer are generally only stored for the processing and processing of the order and are not passed on to third parties. The customer has the option at any time to revoke the consent to the storage of his personal data given with the conclusion of the purchase contract in writing or in text form.
§ 6 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, has or has taken possession of the last partial shipment or the last item.
In order to exercise your right of withdrawal, you must inform us (Atomic-Shop GmbH, Nürburgring-Boulevard 2, 53520 Nürburg, Germany, [email protected], telephone: 026916879995) by means of a clear declaration (e.g. a Letter, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You have to send or send the goods back to us or to Atomic-Shop GmbH (Auf der Struth 4, 53539 Kelberg, Germany) immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract to hand over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. In the case of goods that, due to their nature, cannot normally be returned by post, the fee is EUR 60. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not apply to the following contracts:
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.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Atomic-Shop GmbH, Nürburgring-Boulevard 2, 53520 Nürburg, Germany, [email protected]
- I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods () / the provision of the following service ()
- Ordered on () / received on ()
- Name of the consumer (s)
- ddress of the consumer (s)
- Signature of the consumer (s) (only when notified on paper) date
(*) Delete where inapplicable.
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan contract, provided that both contracts form an economic unit. This is particularly to be assumed if we are your lender at the same time or if your lender makes use of our cooperation with regard to financing. If we have already received the loan when the revocation takes effect, your lender takes on our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract is for the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid a contractual obligation as far as possible, make use of your right of cancellation and also cancel the loan agreement if you also have a right of cancellation.
§ 7 delivery, payment
- If the ordered products are available, the company will deliver them within 5 days of receipt of the order. Otherwise the company will inform the customer of the expected delivery time with the order confirmation.
- The company issues the customer an invoice for the goods ordered, which is given to him when the goods are delivered. Prepayments are considered in the billing. In the case of delivery against invoice, this must be paid no later than 10 days after receipt of the invoice.
- Deliveries are made against direct debit, prepayment, cash on delivery or PayPal.
- In the event of default in payment, the statutory regulations apply. The customer's obligation to pay default interest does not preclude the company from asserting further damage caused by default.
§ 8 Warranty
a) The following applies to consumers:
For defects in the new goods purchased from us, we assume liability for defects during the statutory period. In the case of used goods, the liability for defects is limited to 1 year from delivery of the goods. Further claims of the buyer, in particular due to guarantees given for the quality of the product or due to fraudulent concealment of the defect, as well as claims for damages and claims in the event of injury to life, limb, health or gross negligence, remain unaffected. The risk of accidental loss and accidental deterioration of the goods is only transferred to the buyer when the goods are handed over to the buyer.
b) The following applies to entrepreneurs:
For defects in the new goods purchased from us, we assume liability for defects during the statutory period. Liability for defects is excluded for used goods. Further claims of the buyer, in particular because of guarantees given for the quality of the product or because of the fraudulent concealment of a defect as well as claims for damages and claims in the case of injury to life, body, health and gross negligence, remain unaffected. The buyer has to inspect the goods immediately after delivery by the carrier commissioned by us, at the latest within a period of 8 working days, insofar as this is possible in the normal course of business, and, if a defect becomes apparent, notify us immediately. If the buyer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If a factual defect is found later, notification must be made immediately after it is discovered; otherwise the goods shall be deemed approved even with regard to this defect. Timely sending of the notification is sufficient to maintain the rights. The aforementioned regulations do not apply if we have fraudulently concealed the defect. Visible or obvious transport damage must be reported immediately to the shipping agent. Returns of any kind must be made "free". The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer as soon as we have handed the goods over to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
§ 9 liability
The content of this online shop was created by us with great care. Nevertheless, we often cannot foresee production-related deviations in technical information. If certain details are particularly important to you, please check them before any assembly.
The following applies to consumers:
Failure to comply with this instruction has no influence on your warranty claims. We have to reserve the right to deviations in color and design, unless they are essential for the product. In the case of willful intent and gross negligence, we are fully liable for simple and slight negligence only insofar as these are essential contractual obligations. Liability is limited to the typically foreseeable average damage at the time the contract is concluded. Any further liability is excluded. This limitation and limitation of liability also applies to our vicarious agents. The aforementioned limitation and limitation of liability (both for us and for our vicarious agents) does not apply to product liability claims or claims from guarantee commitments that are specifically intended to protect the customer against the damage that has occurred, as well as for damage that arises result in harm to life, body and / or health. This online shop may contain links to other websites. When the links were set up, we checked them and the content of the corresponding websites for legality. We expressly point out that we are not responsible for their appearance and their content. We expressly distance ourselves from all content on linked websites, as we have no influence on their content. The operators of the linked websites and their content are solely responsible.
In addition, only applies to entrepreneurs:
Things that are connected (assembled) to another thing must be adjusted before assembly and checked for accuracy of fit. We will not assume any consequential damage caused by non-compliance with this provision. Furthermore, you must inform yourself about any conditions, restrictions and TÜV approvals and observe them before concluding the purchase contract. In the event of non-compliance, we are not liable for any costs and / or damage resulting from this.
§ 10 Force Majeure
- In the event that the company cannot provide the service owed due to force majeure (in particular war, natural disasters), it is released from its performance obligations for the duration of the hindrance.
- If the company is unable to execute the order or deliver the goods for more than a month due to force majeure, the customer is entitled to withdraw from the contract.
§ 11 retention of title
The goods remain the property of the company until full and final payment has been made.
a) The following applies to consumers:
The delivered goods remain our property until the purchase price has been paid in full. In the case of payment by check or bill of exchange or by transfer, the purchase price is deemed to have been paid when it has been irrevocably credited to our account.
b) The following applies to entrepreneurs:
The delivered goods remain our property until the purchase price has been paid in full. In the case of payment by check or bill of exchange or by bank transfer, the purchase price is deemed to have been paid if it has been irrevocably credited to our account. The retention of title also applies to the claims that we have against the buyer from ongoing business relationships. If the value of the aforementioned retention of title exceeds the claim (s) to be secured for us by more than 10%, we will release the additional securities upon request. If our goods are resold in the ordinary course of business, claims arising from the resale of the goods are already assigned to us to secure payment of the purchase price, provided that the purchase price has not been paid in full when the goods are resold. In this case the buyer is entitled to collect the claims. We accept this assignment. The claims may not be assigned to a third party for the purpose of collection. If the goods bought by us are processed, we are considered to be the manufacturer of these new goods if the purchase price has not yet been paid in full when the goods are processed.
§ 12 final provisions
- The contract language is German and English. In the event of a dispute, only the German version of these General Terms and Conditions is legally binding.
- As far as permissible, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law. If you are a consumer, this only applies if the rights to which you are entitled in the country in which you have your habitual residence are not restricted or withdrawn as a result. If the buyer is a businessman within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, or if he does not have a general place of jurisdiction in Germany, our company headquarters shall be the place of jurisdiction for all disputes arising from this contractual relationship.
- Should one or more of the provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The statutory regulation takes the place of the ineffective provision.
- Offsetting is only permitted with legally established or undisputed claims.