§ 1 Scope of application, subject matter of the contract
(1) Our General Terms and Conditions apply to the delivery of movable goods, digital goods and services in accordance with the contract concluded between us and the customer in our online shop at www.iapm2022.de.
(2) Our General Terms and Conditions apply exclusively; we do not recognise any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to them in writing.
Our GTC apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we have carried out the delivery of the goods or the provision of the service without reservation in the knowledge of terms and conditions of the customer that are contrary to or deviate from our GTC.
(3) Our GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
§ 2 contract documents
(1) The customer’s order constitutes a minimum offer which we can accept within one week by sending an order confirmation or by delivering the goods or providing the service. Offers made by us before this time are subject to change.
(2) The text of the contract and these General Terms and Conditions shall be stored by us in reproducible form and sent by e-mail at the customer’s request.
§ 3 Prices and terms of payment
(1) The purchase price offered is binding. The statutory value added tax is included for consumers.
(2) If the customer is an entrepreneur, we only quote the net price. The statutory value added tax is therefore not included in our prices; it will be shown separately in the invoice at the statutory rate on the date of invoicing.
(3) The total remuneration is to be paid within 10 days after receipt of the goods or provision of the service without discount, unless otherwise agreed. The statutory regulations concerning the consequences of default in payment shall apply.
(4) Payment shall be made exclusively in advance, unless expressly agreed otherwise.
(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed, have been recognised by us or are synallagmatically linked to our main claim. If the customer is an entrepreneur, he shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 4 Time of performance
If delivery periods have been specified by us and made the basis for placing the order, such periods shall be extended in the event of strikes and cases of force majeure, for the duration of the delay. The same applies if the customer does not fulfil any obligation to cooperate.
§ 5 Cancellation policy, right of cancellation
If the customer is a consumer, he has the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which the customer or a third party named by him who is not the carrier has taken possession of the goods or, in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, from the day on which the customer or a third party named by him who is not the carrier has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us, PRO-DRIVERS Deutschland GmbH, Winterstraße 82, 50354 Hürth, Germany, Tel. no. +49 2233 9599790 , Fax no. +49 2233 95997999 , Email address email@example.com , by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation:
If you revoke this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 because of this repayment. We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us or hand them over to us without delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send the goods before the 14-day period has expired. We shall bear the costs of the return shipment.
§ 6 Cancellation / Withdrawal
You may declare your withdrawal from participation in an event at any time. Any right of withdrawal remains unaffected. The declaration of withdrawal must be made in writing.
In the event of withdrawal, cancellation costs will be incurred:
If the withdrawal is made more than eight weeks before the start of the event, no cancellation costs will be incurred.
If the cancellation is made less than eight weeks but more than four weeks before the start of the event, you must pay 50% of the costs as cancellation fees.
If the cancellation is made 4 weeks or less before the start of the event, you must pay the full fee.
If there is a substitute from L’Aventure, thus a contract amendment can be made instead of a cancellation. Please do not hesitate to contact us.
§ 7 Liability for defects
(1) In the event of a defect, we shall be liable in accordance with the statutory provisions, insofar as no restrictions arise from the following. The customer must notify us in writing of obvious defects within two weeks of the defect occurring. If the notification is not made within the aforementioned period, the warranty rights shall expire. This does not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
(2) The limitation period for claims for defects in the delivery of new goods is two years, calculated from the transfer of risk.
§7 applies to claims for damages due to a defect.
(3) The customer shall not receive any guarantees in the legal sense from us.
§ 8 Liability for damages
(1) Our liability for breaches of contractual obligations and for tort is limited to intent and gross negligence. This does not apply in the case of injury to life, body and health of the customer, claims for breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardises the achievement of the purpose of the contract, as well as compensation for damage caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault.
(2) The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
(3) Insofar as liability for damages not based on injury to life, body or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the accrual of the claim.
Insofar as liability for damages is excluded or limited for us, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
§ 9 Retention of title
We retain title to the object of purchase until the purchase price has been paid in full.
§ 10 Form of declarations
Legally relevant declarations and notifications which the customer has to make to us or to third parties must be in writing.
§ 11 Place of performance, place of jurisdiction
(1) Unless otherwise stipulated in the contract, the place of performance and payment shall be our registered office. The statutory provisions on the places of jurisdiction shall remain unaffected, unless otherwise provided for in the special provision of § 3.
(2) This contract shall be governed by the law of the Federal Republic of Germany. This does not apply if special consumer protection regulations in the customer’s home country are more favourable (Art. 6 VO [EG] 593/2008).
If the customer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.