General Terms and Conditions
for the sale of goods, online transactions, workshop and vehicle services, and events
SPS Motorsport GmbH
Im Petersfeld 4 · 65624 Altendiez
Phone: 06432 6409960 · E-mail: info@sps-motorsport.com
Represented by Managing Director Jan Spies · Local Court of Montabaur, HRB 23917 · VAT ID No.: DE 293591472
Version: September 2026
This version contains the supplementary provisions for separately invoiced and fully paid materials in connection with workshop, repair, maintenance and conversion orders as an integral part of these General Terms and Conditions.
Table of Contents
01. § 1 Scope and Definitions
02. § 2 Contracting Party, Contract Language and Contractual Documents
03. § 3 Conclusion of Contracts for Online Orders
04. § 4 Conclusion of Contracts for Individual Offers and Workshop Orders
05. § 5 Services, Scope of Services and Requested Changes
06. § 6 Prices, Cost Estimates and Price Deviations
07. § 7 Payment Terms, Default and Set-Off
08. § 8 Delivery, Shipping, Collection and Transfer of Risk
09. § 9 Retention of Title
10. § 10 Workshop, Repair, Maintenance and Conversion Services
11. § 11 Test Drives, Transfer Journeys and Vehicle Movements
12. § 12 Acceptance, Completion Notice and Collection
13. § 13 Storage, Standing Charges and Uncollected Vehicles and Customer Materials
14. § 14 Customer Vehicles on the Business Premises – Liability and Natural Events
15. § 15 Customer-Supplied Parts, Accessories, Fluids and Other Items
16. § 16 Liability for Defects in Goods
17. § 17 Liability for Defects in Services
18. § 18 Liability for Other Damage
19. § 19 Special Provisions for Motorsport, Track and Competition Vehicles
20. § 20 Vehicle Conversions, Operating Licence, TÜV and Registrations
21. § 21 Services, Vehicle Assessments and Performance Testing
22. § 22 Events, Track Days and Roadster Challenge
23. § 23 Right of Withdrawal for Consumers in Distance Contracts
24. § 24 Exclusion and Premature Expiry of the Right of Withdrawal
25. § 25 Data Protection
26. § 26 Place of Jurisdiction and Applicable Law
27. § 27 Dispute Resolution
28. § 28 Final Provisions
29. Appendix: Model Withdrawal Form
§ 1 Scope and Definitions
(1) These General Terms and Conditions (GTC) apply to all contracts between SPS Motorsport GmbH, Im Petersfeld 4, 65624 Altendiez (hereinafter “SPS”), and its customers concerning the sale of goods, in particular vehicle parts and accessories, as well as workshop, repair, maintenance, conversion, testing, consulting and other services and participation in events organised or arranged by SPS.
(2) A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
(3) Deviating terms and conditions of the customer shall apply only if SPS has expressly agreed to their validity in text form. Individual agreements with the customer take precedence over these GTC.
(4) If supplementary or special terms are agreed for individual service areas, these shall take precedence over the general provisions insofar as they have expressly been incorporated as special terms.
§ 2 Contracting Party, Contract Language and Contractual Documents
(1) The contracting party is SPS Motorsport GmbH, Im Petersfeld 4, 65624 Altendiez, represented by Managing Director Jan Spies, registered in the commercial register of the Local Court of Montabaur under HRB 23917, VAT ID No. DE 293591472.
(2) The contract language is German. If another language is used in an individual case, the German version of the contractual documents shall remain authoritative unless expressly agreed otherwise.
(3) The customer shall receive the contractual documents relevant to the respective contract, in particular the order, order confirmation, offer, order form, cost estimate and these GTC, on a durable medium or in another form provided, insofar as required by law.
§ 3 Conclusion of Contracts for Online Orders
(1) The presentation of goods and services in the online shop does not constitute a binding offer to conclude a purchase contract.
(2) The customer may place goods in the virtual shopping cart. By clicking the designated order button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. Before submitting the order, the customer can identify and correct input errors.
(3) The automatic confirmation of receipt merely confirms receipt of the order and generally does not constitute acceptance of the offer by SPS. The contract is concluded by express order confirmation, dispatch of the goods or another clear act of acceptance by SPS.
(4) For individually configured goods or goods manufactured according to customer specifications, the contract may only be concluded upon express confirmation by SPS.
(5) Individual offers outside the online shop are valid for six weeks from the date of preparation unless otherwise stated in the offer.
§ 4 Conclusion of Contracts for Individual Offers and Workshop Orders
(1) Workshop and other service orders are specified by an order form, order confirmation or other agreement in text form. The type and scope of the work commissioned shall be stated therein.
(2) Unless otherwise stated in the order, SPS is entitled to commission subcontractors to perform the order and to carry out necessary test drives, transfer journeys and other vehicle movements.
(3) A binding completion date exists only if it has expressly been designated as binding.
(4) Changes or extensions to the order generally require the customer's consent. If additional work is necessary for proper performance and prior consultation is impossible or unreasonable, SPS may carry out the necessary work if it is required to prevent defects, avert danger or complete the order; the customer shall be informed without undue delay.
§ 5 Services, Scope of Services and Requested Changes
(1) The specific order confirmation, order form, offer and individually agreed service descriptions determine the scope of services.
(2) In vehicle conversions and tuning measures, technical, structural or legal dependencies may exist between several components. A change requested by the customer may therefore require adjustment work or additional parts.
(3) SPS is entitled to perform services using technically equivalent or improved components if this is necessary for proper performance and does not result in an unreasonable deviation for the customer.
(4) Execution methods specified by the customer or components supplied by the customer shall only be used insofar as their use is technically reasonable. SPS may refuse execution if this creates significant safety, functional, approval or liability risks. This also applies if the customer requests a modified execution after work has commenced.
§ 6 Prices, Cost Estimates and Price Deviations
(1) All prices in the online shop include the applicable statutory VAT for consumers, unless expressly stated otherwise. Shipping costs are shown separately.
(2) For workshop orders, prices, labour units or estimated costs may be stated in the order form. A binding price indication exists only in the case of a cost estimate expressly designated as binding.
(3) Unless otherwise agreed, a cost estimate is binding for three weeks from its submission. Costs for preparing a cost estimate shall only be charged if this has been expressly agreed in advance.
(4) If additional work that could not previously be identified becomes necessary during the work, the customer shall generally be informed before it is carried out and asked for approval. Statutory rights in the case of minor deviations or deviations necessary to avert danger remain unaffected.
(5) Statutory VAT shall be charged additionally insofar as prices are stated net to entrepreneurs.
§ 7 Payment Terms, Default and Set-Off
(1) Purchase prices for goods are due upon conclusion of the contract or according to the payment terms stated during the ordering process. Workshop invoices are generally due upon acceptance or, at the latest, within seven days after notification of completion and receipt of the invoice, unless otherwise agreed.
(2) SPS is entitled to request a reasonable advance payment when the order is placed, particularly for individually procured, high-value or specially ordered parts.
(2a) If, in connection with a workshop, repair, maintenance, conversion or other vehicle order, specific goods, vehicle parts, accessories or other materials are separately itemised and charged to the customer on a separate invoice or an unambiguously allocated material invoice, these items constitute an independent purchase of goods insofar as the individual agreement does not provide otherwise. Payment of the material price does not constitute merely an advance payment towards the subsequent service.
(2b) Upon full payment of the specifically identified material, such material shall, insofar as SPS already owns it at that time, be irrevocably allocated to the respective customer order. SPS may thereafter generally no longer use or sell this material for another customer, unless statutory rights of SPS, in particular rights arising from payment default or other statutory reversal or security rights, prevent this.
(3) In the event of payment default, the statutory default interest shall apply. For consumers, the statutory interest rate shall apply; for entrepreneurs, the statutory provisions governing payment claims shall apply.
(4) The customer may only set off claims that are undisputed or legally established. This shall not apply to counterclaims arising from the same contractual relationship. Rights of retention remain available to the extent permitted by law and apply in particular to claims arising from the same contractual relationship.
(5) In the event of payment default, SPS is entitled, subject to the statutory requirements, to withdraw from the contract and claim damages.
§ 8 Delivery, Shipping, Collection and Transfer of Risk
(1) Delivery dates and delivery periods shall be agreed as binding or non-binding. Unless otherwise agreed, delivery periods begin upon conclusion of the contract or, in the case of advance payment, upon receipt of payment.
(1a) If material is ordered from a supplier for a specific customer order after full payment or is already in transit to SPS, such material shall be bindingly and individually allocated to the customer order as soon as the specific goods can be identified by means of the order, order number, part number or comparable allocation. SPS undertakes to keep the material available for the customer after its arrival at SPS and to transfer ownership to the customer. If the material is not yet owned by SPS, ownership cannot legally pass to the customer at that point. Until SPS acquires ownership, the customer therefore has a claim to obtain ownership of the specifically allocated goods. If SPS already owns the goods, transfer of ownership may take place by way of a constitutum possessorium while SPS continues to hold the goods. This provision does not affect statutory rules on the transfer of risk, particularly in relation to consumers.
(2) In the event of temporary unavailability, the customer shall be informed. If goods are permanently unavailable and SPS therefore cannot deliver them, no contract shall be accepted or an existing contract shall be dealt with in accordance with the statutory provisions.
(3) For consumers, the risk of accidental loss or accidental deterioration generally passes only upon delivery of the goods to the consumer or a person designated by them. For entrepreneurs, the statutory provisions governing transfer of risk in shipping transactions apply.
(4) If delivery is delayed due to force majeure, operational disruptions, supply failures or other events beyond SPS's control, delivery periods shall be extended appropriately. Statutory rights of withdrawal remain unaffected.
(5) In the case of binding delivery dates, the statutory rights in the event of delay shall apply. Limitations of liability do not apply in cases of intent, gross negligence or injury to life, body or health.
§ 9 Retention of Title
(1) Delivered goods remain the property of SPS until full payment, unless otherwise provided below. For specifically identified, separately invoiced and fully paid material procured for a specific customer order or provided from SPS's stock, the following applies: If SPS already owns the material, SPS and the customer agree upon full payment that ownership of this specifically identified material passes to the customer. Delivery is replaced by the agreement that SPS shall hold the material on behalf of the customer until collection or other handover (constitutum possessorium). The material remains allocated to the customer order even if it is stored at SPS until the agreed service is performed. SPS is entitled to process, install or otherwise use the material as part of the agreed service insofar as this has been commissioned by the customer. § 8 para. 1a applies to material not yet owned by SPS at the time of full payment.
No transfer of ownership takes place before SPS acquires ownership. Statutory rights of withdrawal, rights in respect of defects, rights of rescission and other rights of the customer remain unaffected.
(2) In relation to entrepreneurs, retention of title also applies to claims arising from the ongoing business relationship, insofar as legally permissible.
(3) Pledging or assignment by way of security of goods subject to retention of title is prohibited. Entrepreneurs may resell the goods in the ordinary course of business; claims arising from such resale are assigned to SPS in advance to the extent permitted by law.
(4) In the event of conduct contrary to the contract, in particular payment default, SPS may exercise its statutory rights arising from retention of title.
§ 10 Workshop, Repair, Maintenance and Conversion Services
(1) SPS provides, in particular, maintenance, repair, restoration, bodywork, painting, restoration, engine building, tuning and conversion work on motor vehicles and their parts.
(2) The contractor may commission subcontractors to perform the order and carry out necessary test drives and transfer journeys, including through commissioned third parties.
(3) The customer shall inform SPS without being asked of any known defects, previous damage, special technical characteristics, safety-relevant modifications, due maintenance work and other circumstances that may be significant for carrying out the work.
(4) If it becomes apparent during the work that additional work is necessary, SPS shall generally inform the customer. The customer shall bear the costs of additional work actually commissioned. Statutory obligations of SPS to provide subsequent performance remain unaffected.
(4a) The termination, cancellation or other legal ending of a workshop, repair, maintenance or conversion order generally does not affect a legally separate purchase contract for separately itemised and invoiced material. This applies in particular to material that has already been fully paid for and specifically allocated to the customer order. If, due to the ending of the service order, the material is no longer intended for performance of the service, it shall be made available to the customer for collection. At the customer's request, SPS may ship the material at the customer's expense to a delivery address designated by the customer. Statutory provisions concerning transfer of risk, withdrawal, reversal and liability for defects remain unaffected. The ending of the service order does not, in itself, give the customer a claim to repayment of the purchase price for separately purchased goods. Such a claim exists only insofar as it results from a separate agreement or statutory provisions.
(5) If vehicles or components are delivered by the customer, SPS may refuse acceptance if their condition does not permit safe or proper processing.
§ 11 Test Drives, Transfer Journeys and Vehicle Movements
(1) The customer authorises SPS or third parties commissioned by SPS to move the vehicle to the extent necessary on the business premises and on public roads insofar as this is necessary for carrying out the order, diagnosis, testing, acceptance or transfer.
(2) The customer shall inform SPS of special operating risks, in particular vehicles that are not road-approved, uninsured or intended exclusively for racetracks, special starting/safety procedures, technical characteristics and due maintenance work.
(3) Test drives shall only be carried out to the extent necessary for the respective service. In the case of vehicles modified in terms of performance or driving dynamics, a test drive may be made dependent on a prior technical inspection or suitable safeguards.
§ 12 Acceptance, Completion Notice and Collection
(1) Acceptance of the workshop order generally takes place at SPS's business premises unless otherwise agreed.
(2) The customer shall be informed after completion. The customer is obliged to collect the vehicle within one week after receiving the completion notice and invoice. For work that can be completed within one working day, the collection period is two working days unless otherwise agreed.
(3) If the customer does not accept the vehicle on time, SPS may demand reimbursement of the necessary storage and standing costs in accordance with statutory provisions.
(4) Obvious defects or complaints should be reported upon acceptance. Statutory rights in respect of defects remain unaffected.
(5) If the vehicle is collected or delivered at the customer's request, this shall generally be carried out by SPS or third parties commissioned by SPS at the customer's expense and risk, insofar as legally permissible. Liability of SPS or third parties commissioned by SPS in the event of their own fault remains unaffected.
§ 13 Storage, Standing Charges and Uncollected Vehicles and Customer Materials
(1) After completion of the order, the vehicle must be collected without undue delay. If it is not collected within the agreed period despite notification of completion, SPS may charge a reasonable, customary standing or storage fee.
(2) After a reasonable period and prior request, SPS is entitled to move uncollected vehicles to a suitable storage location at the customer's expense and risk, insofar as this is necessary for operational organisation and permitted by law.
(3) The costs and risks of storage required due to refusal to accept or delay in collection shall be borne by the customer to the extent permitted by law.
(4) After termination of a workshop, repair, maintenance or conversion order, separately invoiced and fully paid material allocated to the customer that is no longer required for performance of the service shall be held available for collection. SPS shall inform the customer of the possibility of collection and generally grant a period of 14 calendar days.
(5) No storage fee shall be charged for storage of customer material during the period stated in paragraph 4. After this period, SPS may charge a flat storage fee of €15.00 per commenced calendar month and per separately allocated material order. The customer remains entitled to prove that no storage expense or substantially lower storage expense was incurred, insofar as legally required.
(6) At the customer's request, SPS may ship the material being held available against reimbursement of reasonable shipping and packaging costs. The shipping method shall depend on the type, size, weight and value of the material and the statutory requirements. Statutory provisions concerning transfer of risk remain unaffected.
(7) If the customer does not collect the material despite being requested to do so and also does not provide shipping instructions, the statutory rights of SPS and the customer remain unaffected. Disposal, sale or other disposition of material owned by the customer shall only take place on the basis of a separate agreement or insofar as legally permissible.
§ 14 Customer Vehicles on the Business Premises – Liability and Natural Events
(1) Customer vehicles are parked on SPS's business premises in particular for the performance of workshop work, preparation for appointments, after completion or until collection. The outdoor premises are locked outside business hours and are monitored by video.
(2) SPS does not guarantee that vehicles parked on the business premises are protected against all external influences. In particular, SPS has no strict liability for damage caused by storms, hail, lightning, heavy rain, flooding, inundation, snow loads, ice, falling branches or other natural and weather-related events.
(3) If damage is exclusively or predominantly attributable to such a natural or weather-related event and SPS is not legally responsible for it, the customer bears the risk of the damage. The customer is therefore responsible for maintaining adequate insurance coverage for the vehicle, in particular partial or comprehensive insurance.
(4) The fact that a vehicle is parked on the enclosed and video-monitored business premises does not constitute a promise of specific insurance coverage or a guarantee against theft, vandalism, terrorism or other external influences.
(5) SPS is liable for damage to customer vehicles only in accordance with statutory provisions. Liability for damage caused intentionally or through gross negligence, for damage arising from injury to life, body or health, and mandatory statutory liability remain unaffected.
(6) If SPS has expressly assumed a duty of safekeeping, its scope shall be determined by the specific agreement and statutory provisions. This provision does not restrict mandatory statutory obligations.
(7) The customer shall inform SPS without undue delay if the vehicle has an increased need for security due to special values, sensitive bodywork, non-standard parts or other special features.
§ 15 Customer-Supplied Parts, Accessories, Fluids and Other Items
(1) SPS assumes no duty of care for items located in the vehicle that have not expressly been accepted for safekeeping. This applies in particular to cash, valuables, tools, luggage, electronics and personal belongings.
(2) The customer should remove personal belongings and valuables before handing over the vehicle. SPS is liable for loss of or damage to items not expressly accepted for safekeeping only in accordance with the general statutory liability rules.
(3) Customer-supplied parts shall only be used if SPS considers their use technically reasonable. SPS is not liable for defects in the supplied part itself or consequential damage caused by such defects, insofar as SPS is not responsible for the defect. Statutory obligations regarding subsequent performance and inspection remain unaffected.
(4) The customer shall inform SPS of special operating fluids, hazardous substances or other materials in the vehicle.
§ 16 Liability for Defects in Goods
(1) Statutory provisions apply to defects in quality and title unless an effective deviating agreement is made below.
(2) For consumers, the statutory limitation period generally applies. In the sale of used goods, a reduction of the limitation period to one year is agreed with consumers.
(3) For entrepreneurs, claims for defects in quality and title relating to new vehicle parts generally become statute-barred within one year from delivery. For used vehicle parts, liability for defects towards entrepreneurs is excluded to the extent legally permissible.
(4) The above reductions and exclusions do not apply in cases of intent or gross negligence, injury to life, body or health, fraudulent concealment of a defect, an expressly assumed guarantee of quality, or insofar as the Product Liability Act applies.
(5) If subsequent performance is required, SPS shall generally determine the legally permissible type of subsequent performance. The customer must provide SPS with the necessary opportunity for subsequent performance. The statutory provisions apply.
(6) Parts removed during rectification shall, insofar as legally permissible, become the property of SPS.
§ 17 Liability for Defects in Services
(1) The statutory provisions on rights in respect of defects apply to services unless an effective deviating provision is made below.
(2) For entrepreneurs, claims for defects in services generally become statute-barred within one year from acceptance, insofar as legally permissible. This does not apply where the law mandatorily provides for a longer limitation period.
(3) The reduction does not apply in cases of intent or gross negligence, injury to life, body or health, fraudulent concealment of a defect, assumption of a guarantee or procurement risk, or other cases in which the law provides otherwise mandatorily.
(4) If a vehicle becomes inoperable due to a defect, the customer must first give SPS the opportunity to inspect and provide subsequent performance. The statutory provisions apply. If the customer commissions another business without prior approval, SPS shall bear the resulting costs only insofar as SPS is legally responsible for them.
(5) The customer should describe defects or defect symptoms as specifically as possible. In the event of an oral notification of a defect, SPS may provide a confirmation in text form for documentation purposes.
§ 18 Liability for Other Damage
(1) SPS shall be liable without limitation for damage arising from injury to life, body or health, for damage caused intentionally or through gross negligence, and in all cases of mandatory statutory liability.
(2) In the event of a slightly negligent breach of material contractual obligations, SPS shall only be liable for the foreseeable damage typical for the contract at the time of conclusion. Material contractual obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely.
(3) Otherwise, SPS's liability for damage caused by slight negligence is excluded to the extent legally permissible.
(4) The limitations of liability also apply in favour of the legal representatives, employees and vicarious agents of SPS.
(5) The limitations of liability do not apply insofar as SPS has fraudulently concealed a defect or assumed a guarantee as to quality.
(6) Claims under the Product Liability Act remain unaffected.
§ 19 Special Provisions for Motorsport, Track and Competition Vehicles
(1) For vehicles intended wholly or partly for motorsport, racetrack use, track days or competitions, use on public roads may be restricted or excluded.
(2) The customer is responsible for compliance with the applicable statutory provisions unless SPS has expressly confirmed a specific legality in text form. Motorsport and racetrack use may result in above-average wear, material fatigue and damage. The customer acknowledges that a technical inspection or repair does not constitute a guarantee that the vehicle is suitable for a specific racetrack use.
(3) Before placing an order, the customer shall inform SPS of the intended purpose of use, particularly if the vehicle is to be used on racetracks or in competitions.
(4) SPS is not liable for typical motorsport-related wear or consequential damage insofar as these were not caused by a breach of duty for which SPS is responsible.
§ 20 Vehicle Conversions, Operating Licence, TÜV and Registrations
(1) Conversions, tuning measures and performance enhancements may affect a vehicle's operating licence. The customer is obliged to inform SPS of known registration and approval requirements.
(2) For suitable conversions, SPS may provide technical documents, parts certificates, test reports or other documents, or assist with presentation to an inspection organisation. However, SPS is not itself an officially recognised expert or inspector and cannot guarantee successful approval or registration.
(3) Whether a specific combination of components requires approval or registration in an individual case and whether approval will be successful is decided by the competent inspection organisation within the framework of the statutory requirements.
(4) If approval or registration is expressly commissioned, SPS owes the agreed support or intermediary service, but not a specific inspection result unless expressly guaranteed.
§ 21 Services, Vehicle Assessments and Performance Testing
(1) Services such as vehicle assessments, power and torque measurements, compression measurements and comparable testing services are generally carried out at SPS's business premises in 65624 Altendiez unless otherwise agreed.
(2) Measurement results may depend on specific technical conditions, measurement methods, environmental influences, vehicle condition, fuel, tyres, drivetrain and other factors. Measurement results constitute a technical measurement using the method employed and cannot readily be compared with measurements from other test benches or measurement methods.
(3) Before a dynamometer test, the customer must ensure that the vehicle is suitable for the test and has sufficient and suitable securing or towing options. SPS may refuse or terminate a measurement for safety reasons.
(4) For a booked service, SPS's obligation to perform is limited to the agreed testing or assessment scope. A specific technical diagnosis or particular economic success is not owed unless expressly agreed.
§ 22 Events, Track Days and Roadster Challenge
(1) Registrations for track days, Roadster Challenge and comparable events are binding in accordance with the participation conditions stated in each case.
(2) If the customer does not participate, there is generally no entitlement to reimbursement of the participation fee insofar as statutory provisions, in particular mandatory consumer rights, do not provide otherwise. This also applies in the event of short-notice cancellation by the customer.
(3) SPS may cancel, postpone or change the course of events for good cause, in particular due to force majeure, official requirements, safety concerns or unreasonable organisational circumstances. Statutory claims of the customer remain unaffected.
(4) Participation in motorsport and track events may be subject to additional participation conditions, safety rules, liability declarations and regulations. These shall become part of the respective event contract if effectively incorporated.
(5) Participants are obliged to comply with the applicable event, safety and track rules and to use a vehicle suitable for the intended purpose.
§ 23 Right of Withdrawal for Consumers in Distance Contracts
(1) Consumers generally have a statutory right of withdrawal for distance contracts. The details are set out in the separate withdrawal notice and the statutory provisions.
(2) The withdrawal period is generally 14 days. For goods, it regularly begins on the day on which the consumer or a third party designated by the consumer, other than the carrier, receives the goods.
(3) To exercise the right of withdrawal, an unequivocal declaration to SPS is sufficient. The declaration may be made in particular by e-mail or post.
(4) In the event of an effective withdrawal, the services received shall be returned in accordance with the statutory provisions. The statutory provisions concerning deadlines and means of repayment apply.
(5) The direct costs of returning the goods shall be borne by the consumer insofar as SPS has properly informed the consumer of this.
§ 24 Exclusion and Premature Expiry of the Right of Withdrawal
(1) The right of withdrawal does not exist insofar as a statutory exclusion ground applies. This may apply in particular to goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
(2) In the case of services, the right of withdrawal may expire prematurely under the statutory conditions if SPS has fully performed the service and the consumer has expressly consented before expiry of the withdrawal period to SPS commencing performance and has confirmed their knowledge that the right of withdrawal will be lost.
(3) Statutory special provisions concerning the right of withdrawal, in particular for digital content or special types of contract, remain unaffected.
§ 25 Data Protection
(1) SPS processes personal data in accordance with the applicable data protection regulations. Details are set out in the current privacy policy of SPS.
(2) The privacy policy is available on the SPS website in its current version.
(3) Video surveillance of the business premises may be carried out for security and protection purposes. Details are set out in the published data protection information and/or the notices displayed on site.
§ 26 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) For merchants, legal entities under public law and special funds under public law, the place of jurisdiction for all present and future claims arising from the business relationship is the registered office of SPS.
(3) If the customer has no general place of jurisdiction in Germany or their place of residence is unknown when an action is filed, the registered office of SPS shall be the place of jurisdiction insofar as legally permissible. Otherwise, the statutory places of jurisdiction shall apply.
§ 27 Dispute Resolution
(1) SPS is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board unless legally obliged to do so.
(2) If SPS is a member of a competent motor vehicle trade association and the requirements for referral to a motor vehicle arbitration board are met, the applicable arbitration board conditions may apply. Such an option exists only if SPS is actually a member of the competent association and the respective requirements are fulfilled.
§ 28 Final Provisions
(1) Amendments and additions to individual agreements require at least text form unless a stricter form is prescribed by law.
(2) If individual provisions of these GTC are or become invalid in whole or in part, the remaining provisions shall remain effective. The statutory provisions shall replace the invalid provision.
(3) Where these GTC refer to statutory provisions, the respective applicable version shall apply.
(4) The version of these GTC applicable at the time the respective contract is concluded shall govern their incorporation into the contract.
Appendix: Model Withdrawal Form
If you wish to withdraw from the contract, you may use this form. Use of the form is not mandatory; an unequivocal declaration of withdrawal is sufficient.
To SPS Motorsport GmbH
Im Petersfeld 4
65624 Altendiez
E-mail: info@sps-motorsport.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) concerning 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 applicable.