Data Protection/Terms and Conditions
General Terms and Conditions of SPS Motorsport GmbH for Online Business
The following General Terms and Conditions form part of the contractual relationship between SPS Motorsport GmbH (hereinafter: SPS), Im Petersfeld 4, 65624 Altendiez, represented by Managing Director Jan Spies, registered in the commercial register of the Montabaur District Court under HRB 23917, VAT identification number: DE 293591472, Tel.: +49 6432-64099-60, Fax: +49 6432-64099-66, Email: info@sps-motorsport.com, and the customer.
§ 1 Scope, Definitions
(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between SPS and the customer (hereinafter "Customer"). Deviating general terms and conditions of the customer will not be recognized unless SPS expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person, or partnership with legal capacity, who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The customer can select from the range of products offered by SPS, in particular on the website www.sps-motorsportshop.com, and collect them in a so-called shopping cart by clicking the "Add to Shopping Cart" button. By clicking the "Order with payment" button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby incorporating them into their application.
(2) SPS will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by SPS and does not constitute acceptance of the order. The contract is only concluded upon SPS's submission of the declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
(3) The contract is concluded in German.
(4) Individually created offers outside of the online shop are valid for 6 weeks from the creation/change date.
§ 3 Shopping Accounts
SPS will, at the customer's request, set up a password-protected direct access for future orders in the shop. The customer agrees to treat this password confidentially and not to disclose it to unauthorized third parties. SPS assumes no liability for misused passwords.
§ 4 Delivery, Product Availability
(1) Delivery times specified by us are calculated from the date of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective product in our online shop, the delivery time is six weeks.
(2) If no copies of the selected product are available at the time the customer places the order, SPS will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, SPS will refrain from accepting the order. In this case, a contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, SPS will also notify the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: SPS does not deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Switzerland.
§ 5 Retention of Title
The delivered goods remain the property of SPS until full payment is received.
§ 6 Prices and Shipping Costs
(1) All prices listed on the SPS website www.sps-motorsportshop.com include the applicable statutory sales tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises their right of withdrawal.
(3) The goods are shipped by mail. The shipping risk is borne by SPS if the customer is a consumer.
(4) In the event of a withdrawal, the customer must bear the direct costs of the return shipment.
§ 7 Payment Terms
(1) The customer can pay by direct debit, PayPal, or advance payment.
(2) The customer can change the payment method stored in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay SPS default interest for the year in the amount of 5 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest does not exclude SPS from claiming further damages for default.
§ 8 Warranty for Material Defects, Guarantee
(1) SPS is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by SPS is 12 months.
(2) An additional guarantee for goods delivered by SPS only exists if this was expressly stated in the order confirmation for the respective item.
§ 9 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by SPS, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, SPS shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply to the benefit of SPS's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if SPS has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if SPS and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 10 Cancellation Policy
(1) Consumers generally have a statutory right of cancellation when concluding a distance selling contract, which SPS informs them of below in accordance with the statutory model. Exceptions to the right of cancellation are regulated in paragraph (2). A model cancellation form can be found in paragraph (3).
Cancellation Policy
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must notify us at SPS Motorsport GmbH, Im Petersfeld 4, 65624 Altendiez, Germany, Tel.: +49 6432 64099-60, Fax: +49 6432 64099-66, Email: info@sps-motorsport.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
(3) The right of withdrawal does not apply to contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
(3) SPS provides information about the model cancellation form in accordance with legal regulations as follows:
Model Cancellation Form
(If you wish to cancel the contract, please fill out this form
and return it.)
— To SPS Motorsport GmbH, Im Petersfeld 4, 65624 Altendiez, Tel.: +49 6432-64099-60, Fax: +49 6432-64099-66, Email: info@sps-motorsport.com:
— I/we (*) hereby cancel 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 consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if notification is made on paper)
— Date
(*) Delete as appropriate
§ 11 Services
Services such as vehicle evaluations, power or compression measurements are carried out exclusively on-site at SPS Motorsport GmbH. Shipment, external execution, or digital provision of these services is expressly excluded. All services are performed solely at the business premises of SPS Motorsport GmbH, Im Petersfeld 4, 65624 Altendiez, Germany.
§ 12 Events
In the event of non-participation in Trackdays or Roadster Challenge events – regardless of the reason – there shall be no entitlement to a refund of the participation fee. Registration is deemed binding and non-cancellable.
§ 13 Final Provisions
(1) Contracts between SPS and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and SPS shall be the registered office of SPS.
(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions, where applicable, shall be replaced by the statutory provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.