General Terms And Conditions

General Terms and Conditions (GTC)

of
SCS M2 Engineering GmbH
Sportplatzstr. 19
87493 Lauben
Germany

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all contracts between SCS M2 Engineering GmbH (hereinafter referred to as the “Seller”) and consumers or business customers (hereinafter referred to as the “Customer”) regarding goods offered in the Seller’s online shop.

1.2 Conflicting or deviating terms and conditions of the Customer shall not apply unless the Seller has expressly agreed to their validity in writing.

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A business customer is a natural or legal person or a legally capable partnership acting in the exercise of its commercial or self-employed professional activity when concluding the contract.

2. Conclusion of Contract

2.1 The products presented in the Seller’s online shop do not constitute legally binding offers, but an invitation to submit an order.

2.2 The Customer submits a binding offer by completing the online ordering process and clicking the button
“order with obligation to pay”.

2.3 The Seller may accept the Customer’s offer within five days:

by sending an order confirmation by email,

by delivering the goods,

or by requesting payment.

2.4 The contract is concluded exclusively in the German language.

2.5 The contract text is stored by the Seller and sent to the Customer by email after conclusion of the contract. Customers with a user account may view their order data there.

3. Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Details of the right of withdrawal are set out in the separate withdrawal policy, which is provided to the Customer during the ordering process.

3.3 The right of withdrawal does not apply to contracts:

for the supply of goods made to the Customer’s specifications,

or clearly tailored to personal needs,

or for sealed goods which are not suitable for return for health or hygiene reasons if the seal has been removed after delivery.

4. Prices and Payment Terms

4.1 All prices are final prices including statutory VAT. Additional shipping costs are shown separately.

4.2 For deliveries outside the European Union, additional customs duties, taxes or fees may apply, which are to be borne by the Customer.

4.3 The available payment methods are shown in the online shop and may vary depending on the country of delivery.

4.4 If payment in advance is selected, the invoice amount is due immediately after conclusion of the contract.

4.5 If payment is made via PayPal, payment processing is carried out by
PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg
in accordance with PayPal’s terms of use.

5. Delivery and Shipping Conditions

5.1 Delivery is made to the delivery address specified by the Customer.

5.2 For consumers, the risk of accidental loss or accidental deterioration of the goods passes to the Customer only upon delivery of the goods.

5.3 If delivery fails for reasons for which the Customer is responsible, the Customer shall bear the costs of the unsuccessful shipment.

5.4 If the Customer collects the goods in person, no shipping costs will be charged. The Customer will be informed by email when the goods are ready for collection.

6. Retention of Title

The goods remain the property of the Seller until full payment of the purchase price has been made.

7. Warranty (Defects Liability)
7.1 General

For consumers, the statutory warranty rights apply unless otherwise stated below.

7.2 Consumers

For newly manufactured goods, the warranty period is one year from delivery.

In particular, no material defect exists in the event of damage or functional impairment caused by:

improper or incorrect installation

improper setup, adjustment or calibration

use outside the technical specifications provided by the manufacturer

overloading, excessive speed, thermal overload or electrical misload

use in racing, competition or race-like conditions

modifications, tuning measures or interventions by the Customer or third parties

normal wear and tear, especially for highly stressed model sport and high-performance components

High-performance and racing components are subject to increased wear and stress due to their intended use. Deviations or failures resulting therefrom do not constitute a material defect.

7.3 Business Customers

For business customers, the warranty period is one year from delivery.

Warranty claims for damage caused by racing use, competition use, overloading, improper installation, incorrect operation, modification or normal wear and tear are excluded.

7.4 No Automatic Loss of Warranty

Installation of the goods does not automatically result in the loss of warranty rights.
However, a warranty claim does not exist if the asserted defect is attributable to one of the circumstances listed in Sections 7.2 or 7.3.

7.5 Burden of Proof

The statutory provisions on the burden of proof apply. After expiry of the statutory reversal of the burden of proof, the Customer must prove that a defect already existed at the time of transfer of risk.

7.6 Liability for Consequential Damage

Claims for damages due to consequential damage, in particular damage to other components, vehicles or accessories, are excluded unless mandatory statutory liability applies.

8. Vouchers

8.1 Vouchers can only be redeemed in the Seller’s online shop.

8.2 Vouchers are valid until the end of the third year following the year of purchase.

8.3 Cash payment of vouchers or remaining voucher balances is excluded.

8.4 Only one voucher may be redeemed per order.

8.5 Vouchers are transferable.

9. Applicable Law and Jurisdiction

9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2 For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

9.3 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the Seller’s registered office.