Conditions of use

General Terms and Conditions

Effective from 15th December 2014


1. Validity
1.1 These General Terms and Conditions are valid for all business relations between H.A.R.M. Racing GmbH and its customers in its current version upon commission of contract.
1.2 Our General Terms and Conditions are exclusively valid. Any of the customer´s deviant or contrary conditions unacknowledged unless explicitly recognized by H.A.R.M. Racing GmbH in written form.

2. Contract Settlement
2.1 The representation of H.A.R.M. Racing GmbH assortment via computers connected to the Internet does not represent an offer in terms of paragraph 145ff. of German Civil Code. 

2.2 Orders may be placed via email, order form (available through H.A.R.M. Racing GmbH or downloadable from the Internet), fax, telephone, or post.

2.3 By placing an order with H.A.R.M. Racing GmbH via email or any other form as specified by section II, subsection 2 of these terms, the customer makes an offer in terms of paragraph 145 of German Civil Code. The customer receives confirmation of receipt of her order via email. H.A.R.M. Racing GmbH will inform the customer of any possible errors in the assortment´s specifications on the website separately and make a counteroffer if applicable.

2.4 The contract is commissioned when H.A.R.M. Racing GmbH accepts this offer. The order is accepted under reserve in terms of the availability of ordered goods and services. A declaration of acceptance by H.A.R.M. Racing GmbH is unnecessary; the customer waives such acceptance in terms of paragraph 151 p. 1 of German Civil Code. If H.A.R.M. Racing GmbH is unable to accept the customer´s offer, it will inform the customer in electronic form.

2.5 All foreign orders must be paid in advance by wire transfer or paypal.

2.6 Upon declaration of new prices, all other (previous) prices that apply to the respective items are null and void. The stated prices include the legal VAT. The prices apply exclusively to the product described, and not to any contents, accessories, or decoration.

2.7 There is no minimum order amount for delivery.

3. Delivery
3.1 H.A.R.M. Racing GmbH will promptly deliver the ordered goods to the address given by the customer.

3.2 Delivery is made based on the stated shipment costs in each individual case according to our table of shipping costs. All risks and dangers of shipment are passed to the customer as soon as the goods are transferred from H.A.R.M. Racing GmbH to the contracted logistic partner. All deliveries are insured by default. The import duties have to be paid by the customer.

3.3 H.A.R.M. Racing GmbH reserves the right to make any technical modifications in terms of technical improvement, as well as changes to form and colour. Any colour deviation between the photographed product representation on the Internet or in the catalogue and the stated colour in real life is due to technical or print conditions.

3.4 Information on the estimated date of delivery is non-obligatory if H.A.R.M. Racing GmbH has not confirmed an obligatory date to the customer in written form in individual cases. 

4. Conditional Sale
All delivered goods remain property of H.A.R.M. Racing GmbH until the customer settles all outstanding invoices.

4.1 Prices subject to a manifest error are void. 

5. Payment Conditions
5.1 H.A.R.M. Racing GmbH only accepts the payment methods stated when ordering. Payment via a running customer account is only possible in certain exceptions if the customer has appropriate referees and only if agreed upon by H.A.R.M. Racing GmbH via telephone prior to ordering.

5.2 The sales price is due at the conclusion of contract.

5.3 If the customer lags in payment, H.A.R.M. Racing GmbH reserves the right to charge a default interest of seven per cent more than the respective base rate. H.A.R.M. Racing GmbH right to assert a claim due to higher damages remains hereby unaffected, as does the customer´s right to assert lesser claims. This also holds for COD deliveries that cannot be delivered due to circumstances the customer is liable for. In particular, the COD fee can be charged in this case.

5.4 The customer is only authorized to charge if any counterclaims have been legally ascertained, uncontested or recognized by H.A.R.M. Racing GmbH. 

6. Withdrawal 
Instructions on Withdrawal / Right of withdrawal 

You have the right to withdraw from this contract within 14 days without giving any reason. 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

To exercise the right of withdrawal, you must inform us (H.A.R.M. Racing GmbH, Am Winzerkeller 15a, 77723 Gengenbach, Tel: 07803/9213820, e-mail: info@harm-racing.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 

You can use the attached model withdrawal form.

 We will inform you (e.g. by e-mail) about the confirmation of the receipt of such a withdrawal. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of withdrawal 
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. 

You will have to bear the direct cost of returning the goods. 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

Exclusion of the right of withdrawal for: 
Agreements or which are clearly tailored to the personal needs of the consumption for the supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer shall prevail 

Premature lapse of the right of withdrawal for: 
- For the supply of goods when they were mixed after delivery due to their nature inseparably with other goods 

- For the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery 

Model Withdrawal Form 

(complete and return this form only if you wish to withdraw from the contract) 

– To:   H.A.R.M. Racing GmbH, Am Winzerkeller 15a, 77723 Gengenbach, Tel: 07803/9213820, e-mail: info@harm-racing.de

— I / We (*) hereby give notice that I / We (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*), 

— Products ( ) 

— Ordered on ( ) / received on ( ), 

— Name of consumer(s), 

— Address of consumer(s) 

— Signature of consumer(s) (only if this form is notified on paper), 

— Date 

(*) Delete as appropriate. 

End of Returns policy 

7. Guarantee
7.1 H.A.R.M. Racing GmbH is responsible for defects that exist at the time of shipment of goods for the duration of the legal warranty term according to the following stipulations:

7.2 The customer is to promptly inform H.A.R.M. Racing GmbH in written form of any defects that occur. If defects exist that H.A.R.M. Racing GmbH is accountable for, H.A.R.M. Racing GmbH will eliminate such defects or offer a replacement as it sees fit.

7.3 Should the elimination of defects or the replacement delivery fail, or if H.A.R.M. Racing GmbH is unwilling or unable to eliminate defects or replace products within an appropriate time frame due to reasons  H.A.R.M. Racing GmbH is responsible for, the customer is entitled to retrogressively withdraw from her contract or demand a reduction in the sales price of the respective product. 

8. Data Protection
8.1 Storage and processing of personal data
H.A.R.M. Racing GmbH is committed to protecting the privacy of all customers who make purchases in its shop, and treats customers´ personal data confidentially. Data protection is based on the respective valid legal stipulations as stated by the German Federal Data Protection Law [BDSG] and Information and Communication Service Law [IuKDG]. Data received from customers is stored. Customers may have their stored data deleted at any time by requesting so in an email sent to info@harm-racing.de
8.2 Use of personal data
H.A.R.M. Racing GmbH uses customers´ personal data exclusively for the fullfilment of orders placed by customers.

8.3 Transfer of information
H.A.R.M. Racing GmbH does not circulate or transfer personal data to any third parties.  H.A.R.M. Racing GmbH customers receive emails from H.A.R.M. Racing GmbH for the sole purpose of informing of significant modifications in business. The customer can, however, object to this at any time, even when placing an order.

8.4 Security measures for the prevention of loss and misuse of personal data
When transferring personal data or information H.A.R.M. Racing GmbH utilises encrypted technology for highest confidentiality. Our servers implement various security measures and authentication processes to hamper unauthorized access.

9. Liability
9.1 H.A.R.M. Racing GmbH is liable without limitation for claims of non-existing characteristics it has warranted, as well as damage claims caused either intentionally or through culpable negligence by its legal agents and/or executive employees.

9.2 Other damage claims that arise from a delay by  H.A.R.M. Racing GmbH, an impossibility for which H.A.R.M. Racing GmbH is responsible, or breach of duty which is of significant importance for the attainment of the contractual purpose (cardinal obligation), are limited to such damages that, due to the contractual use of the goods, are typical and predicable. In such a case, liability is limited to the amount of two times the paid sales price at the time of order.

9.3 Further reaching liability is debarred, especially for claims that have not evolved from the goods themselves, claims of loss of profit, or financial loss claims of the customer.

10. Registered Office and Liability

H.A.R.M. Racing GmbH
Am Winzerkeller 15a

77723 Gengenbach
Deutschland

Telefon: +49 (0) 7803/9213820
Telefax: +49 (0) 7803/9213822
e-mail: info@harm-racing.de

11. Final Clauses
This contract exclusively underlies the law of the Federal Republic of Germany. Provided the customer is a merchandiser, exclusive court of jurisdiction for all disputes resulting directly or indirectly from this contractual relationship, as long as this can be permissibly agreed upon by both parties, is in Gengenbach, Germany. 

12. Applicable Law 
We accept no warning without previous correspondence by registered mail with return receipt! 
If the content and / or presentation of this site infringe third party rights or statutory regulations, we ask for a message without cost.
We guarantee that the complained about will be removed immediately, without the need on your part to involve a lawyer. All offers without prior contact costs, we completely reject and file a counter suit for violation of said provisions. 
The cost of a lawyer´s warning without previous contact will be with us as an operator in the sense of loss mitigation (§ 254 par 2 BGB) rejected as unfounded. 

13. Different conditions of the customer
In the event that the customer uses their own business terms which deviate from these General Terms and Conditions shall apply exclusively to the terms and conditions of the provider.