Our terms and conditions
§ 1 Preface
(1) The following general terms and conditions (GTCT) regulate the contractual relationship between Speedbrain GmbH and the consumers and entrepreneurs who use the Internet offer of Speedbrain GmbH (in the following called "buyer"). The Terms and Conditions concern the use of the Website Speedbrain GmbH as well as all Subdomains belonging to this Domain. The version valid at the time of the contract end is decisive in each case.
(2) Consumers for the purposes of these terms of business are natural people who step with Speedbrain GmbH in business relation, without this can be added to her commercial or independent professional activity. Entrepreneurs for the purposes of these terms of business are natural and legal persons or having legal capacity partnerships who step in exercise of her commercial or independent professional activity with Speedbrain GmbH in a business relation.
§ 2 Contract conclusion
(1) The offers of Speedbrain GmbH on the Internet show a non-binding request to the buyer to order products from Speedbrain GmbH.
(2) By the order of the desired purchase object on the Internet the buyer delivers an obliging offer on end of a contract of purchase.
(3) The order confirmation which the buyer immediately receives by email is no notice of acceptance of the order, so that through this still no effective contract of purchase comes about.
(4) A sales contract comes about when the product is brought to the delivery or if the order of the buyer is accepted in text form by letter, Telefax or email.
§ 3 Prices
The price quoted in the respective offer of the object of purchase gets on as a final price including, perhaps, of attacking value added tax and other prize components. The price does not enclose the delivery expenses and forwarding expenses. The in each case valid price list is valid for reseller.
§ 4 Payment, Maturity, Default
(1) The payment of the goods follows by cash in advance, by credit card or in Germany also cash on delivery. Companies can pay, in addition, on invoice. We reserve ourselves the right to accept in particular cases certain methods of payment or to exclude.
(2) On payment by cash in advance the buyer undertakes to pay the purchase price after conclusion of the contract immediately. On payment by credit card the debit entry follows after completing the order transaction. On payment cash on delivery the buyer undertakes to pay the purchase price by delivery of the product. On payment on invoice the buyer undertakes to pay the invoice amount within 14 days on receipt of the product.
(3) If the buyer is in the default, he has to represent meanwhile every carelessness. He sticks because of the achievement also for chance, unless the damage would also have entered with timely achievement.
(4) The purchase price is to be paid interest during the default. The default interest rate amounts to five percent points about the base interest rate clause for the year. With the acts of legal significance in which a consumer is not involved the interest rate amounts to eight percent points about the base interest rate clause.
(5) The assertion of an other damage is not excluded.
§ 5 Delivery
(1) The delivery occurs through broadcasting of the purchase object to the address informed by the buyer.
(2) If the buyer acquires the object of purchase for his commercial or professional activity, the danger of the accidental setting and the accidental deterioration of the object of purchase on him goes over, as soon as Speedbrain GmbH has delivered the object of purchase to the forwarding agent, the carrier or, otherwise, for the execution of the sending certain person or institution.
(3) The costs for the dispatch of the purchase object are calculated as follows:
- Deliveries within Germany
- Deliveries within the EU
- Delivery in non-EU countries
For deliveries are the forwarding expenses according to our forwarding expenses list valid.
Payment of duty expenses:
In non-EU countries accidents cost of clearance. In this case the net commodity value is calculated plus the corresponding dispatch. Customs fees or import fees are raised, as soon as the delivery has reached the country. Fees for the duty-free gift go to costs of the customer. With completion of the order transacton the customer commits itself to pay the customs duty. Speedbrain GmbH has no influence on her height and can also not predict this. The customs regulations vary from country to country substantially.
§ 6 Retention of title
The object of purchase remains a property of Speedbrain GmbH up to the entire payment. Before transfer of title a pledge, protective conveyance, processing or transformation is not allowed without explicit approval of Speedbrain GmbH.
§ 7 Resignation
(1) Speedbrain GmbH is entitled to withdraw from the contract also concerning a still open share of the delivery or performance if misrepresentations about the credit rating of the buyer had been made or objective reasons have originated concerning the insolvency of the buyer, for example, the opening of insolvency proceedings about the legal estate of the buyer or the refusal of such a procedure in the absence of cost-covering legal estate. The possibility is granted before resignation to the buyer to make an advance payment or to produce a suited security.
(2) Regardless of any compensation claims produced share performances are to be settled up in case of the share resignation already according to contract and to pay.
§ 8 Guarantee
(1) Guarantee towards consumers
a) Speedbrain GmbH carries guarantee for the fact that the object of purchase is free of shortage by handing over. If a material defect appears within six months since handing over of the object of purchase, is supposed that this already fell short by handing over, unless, this supposition is incompatible with the kind of the object of purchase or the shortage. If the material defect appears only at the end of six months, the buyer must prove that the material defect was already given by handing over of the object of purchase.
b) If the object of purchase falls short by handing over, the buyer has the choice whether the subsequent performance should follow through finishing touches or spare delivery. Speedbrain GmbH is entitled to refuse the kind of the elective subsequent performance if it is possible only with disproportionate expenses and remains the other kind of the subsequent performance without considerable disadvantages for the buyer.
c) If the subsequent performance misses, the buyer can require lowering of the purchase price (decrease) or cancellation of the contract (resignation) as well as damages basically for his choice. With only slight shortages no right of withdrawal is entitled to the buyer.
(2) Guarantee towards entrepreneurs
a) If the purchase for Speedbrain GmbH and the buyer is a commercial transaction, the buyer has to examine the delivered product immediately for high-class divergence and amount divergence and to indicate recognizable shortages within a period of one week from reception of the product Speedbrain GmbH in writing; otherwise the assertion of the guarantee claim is excluded. Concealed shortages are to be indicated Speedbrain GmbH within a period of one week from discovery in writing. For the period protection the timely sending is enough. In this case the full burden of proof meets the buyer to all claim conditions, in particular for the shortage, for the time of the statement of the shortage and to the timeliness of the shortage rebuke.
b) With defects Speedbrain GmbH after own choice provides guarantee by finishing touches or spare delivery.
(3) The claims of the buyer because of shortages come under the statute of limitations in two years.
(4) If speedbrain GmbH delivers a purchase object free of lack for the purpose of the subsequent performance, speedbrain GmbH of the buyer can require restitution of the defective purchase object.
(5) The damages which are caused by measures contrary to the terms of the agreement or improper of the buyer by installation, connection, service or storage found no claim against Speedbrain GmbH.
§ 9 Restriction of liability
(1) All changes in the vehicle which do not correspond to the series original state of the vehicle are determined exclusively for the engine-sporty competition. By use in street vehicles the registration goes out according to ROAD TRAFFIC LICENSING REGULATIONS. Hence, a use on public streets is inadmissible. The use also on racing distances happens or similar on own danger and responsibility. All claims of the buyer or third against the shop assistant from accidents are expressly excluded of every kind.
(2) For possible secondary damages from the treatment and for mistake of our suppliers we assume no liability.
(3) All products at speedbrain.de are racing sport parts for the exclusive use in sport competitions. By use in street vehicles the registration goes out according to ROAD TRAFFIC LICENSING REGULATIONS. On racing sport parts there is no guarantee and no right to exchange.
§ 10 Legal choice, Jurisdiction
(1) All litigations from this legal relationship are defeated by the right of the Federal Republic of Germany. With consumers this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away. The validity of UN option to buy is excluded.
(2) If the buyer is a businessman, a legal person of the public law or public law special legal estate, is exclusive jurisdiction for all litigations from this contract the business location of Speedbrain GmbH. The same is valid if the buyer has no place of general jurisdiction in Germany or the residence or usual stay at the time of the filing of an action, are not known.
§ 11 Secrecy obligation
We store and transmit the job-oriented personal data of the customer exclusively for the treatment and winding up of his order. According to the regulations of the federal secrecy obligation we commit ourselves to a comprehensive protection of the personal data of the customer.
Important tip:
By 1st of March, 2006 the novella is become effective to the Telecommunications Act which permits the dispatch of newsletters only with explicit approval of the receiver. Who would not like to receive our sendings any more, is asked to let deliver with an answer mail of the distributor list. Should you not answer, we may evaluate this as a confirmation that you want to receive our emails also furthermore.
§ 12 Trade mark rights
All picture rights and copyrights of our offers lie with us or our partners. A use without explicit approval is not permitted and can be pursued criminal as well as civil.
Speedbrain GmbH
Treuchtlinger Straße 33
91781 Weißenburg i. Bay.
Instruction of the consumer
§ 1 Right of withdrawal
As a consumer you can revoke your contract explanation within two weeks without giving reasons in text form (e.g., letter, Telefax, e-mail) or by return of the goods. The period begins at the earliest with preservation of the product or if it concerns around a returning delivery of goods of the same kind, with preservation of the first part delivery and with preservation one in text form still separately cancellation instruction to be informed. For the protection of the cancellation period the timely sending of the cancellation or the product is enough.
The cancellation is to be directed in:
Speedbrain GmbH
Treuchtlinger Straße 33
91781 Weißenburg
e-mail: info@speedbrain.de
§ 2 Cancellation results
In case of an effective cancellation are the achievements received on both sides to return. The buyer bears the costs of the return if the delivered product of the ordered ones corresponds. Otherwise the return is free for the buyer. In this case the Speedbrain GmbH via e-mail (info@speedbrain.de) is to be contacted to bring the corresponding back end modalities in experience. Obligations to the allowance of payments are to be fulfilled within 30 days after sending the cancellation explanation. If the buyer cannot perform the achievement received by Speedbrain GmbH all or part or only in made worse state to return, he has in this respect if necessary value substitute. This is not valid if the deterioration of the case is to be led back exclusively on their check – as she would have been possible to him possibly in the retail shop–. For the rest, the buyer can avoid the value liability to pay damages, while he does not take the case like an owner in use and omits from everything what affects their value.
End of the cancellation instruction
(1) The following general terms and conditions (GTCT) regulate the contractual relationship between Speedbrain GmbH and the consumers and entrepreneurs who use the Internet offer of Speedbrain GmbH (in the following called "buyer"). The Terms and Conditions concern the use of the Website Speedbrain GmbH as well as all Subdomains belonging to this Domain. The version valid at the time of the contract end is decisive in each case.
(2) Consumers for the purposes of these terms of business are natural people who step with Speedbrain GmbH in business relation, without this can be added to her commercial or independent professional activity. Entrepreneurs for the purposes of these terms of business are natural and legal persons or having legal capacity partnerships who step in exercise of her commercial or independent professional activity with Speedbrain GmbH in a business relation.
§ 2 Contract conclusion
(1) The offers of Speedbrain GmbH on the Internet show a non-binding request to the buyer to order products from Speedbrain GmbH.
(2) By the order of the desired purchase object on the Internet the buyer delivers an obliging offer on end of a contract of purchase.
(3) The order confirmation which the buyer immediately receives by email is no notice of acceptance of the order, so that through this still no effective contract of purchase comes about.
(4) A sales contract comes about when the product is brought to the delivery or if the order of the buyer is accepted in text form by letter, Telefax or email.
§ 3 Prices
The price quoted in the respective offer of the object of purchase gets on as a final price including, perhaps, of attacking value added tax and other prize components. The price does not enclose the delivery expenses and forwarding expenses. The in each case valid price list is valid for reseller.
§ 4 Payment, Maturity, Default
(1) The payment of the goods follows by cash in advance, by credit card or in Germany also cash on delivery. Companies can pay, in addition, on invoice. We reserve ourselves the right to accept in particular cases certain methods of payment or to exclude.
(2) On payment by cash in advance the buyer undertakes to pay the purchase price after conclusion of the contract immediately. On payment by credit card the debit entry follows after completing the order transaction. On payment cash on delivery the buyer undertakes to pay the purchase price by delivery of the product. On payment on invoice the buyer undertakes to pay the invoice amount within 14 days on receipt of the product.
(3) If the buyer is in the default, he has to represent meanwhile every carelessness. He sticks because of the achievement also for chance, unless the damage would also have entered with timely achievement.
(4) The purchase price is to be paid interest during the default. The default interest rate amounts to five percent points about the base interest rate clause for the year. With the acts of legal significance in which a consumer is not involved the interest rate amounts to eight percent points about the base interest rate clause.
(5) The assertion of an other damage is not excluded.
§ 5 Delivery
(1) The delivery occurs through broadcasting of the purchase object to the address informed by the buyer.
(2) If the buyer acquires the object of purchase for his commercial or professional activity, the danger of the accidental setting and the accidental deterioration of the object of purchase on him goes over, as soon as Speedbrain GmbH has delivered the object of purchase to the forwarding agent, the carrier or, otherwise, for the execution of the sending certain person or institution.
(3) The costs for the dispatch of the purchase object are calculated as follows:
- Deliveries within Germany
- Deliveries within the EU
- Delivery in non-EU countries
For deliveries are the forwarding expenses according to our forwarding expenses list valid.
Payment of duty expenses:
In non-EU countries accidents cost of clearance. In this case the net commodity value is calculated plus the corresponding dispatch. Customs fees or import fees are raised, as soon as the delivery has reached the country. Fees for the duty-free gift go to costs of the customer. With completion of the order transacton the customer commits itself to pay the customs duty. Speedbrain GmbH has no influence on her height and can also not predict this. The customs regulations vary from country to country substantially.
§ 6 Retention of title
The object of purchase remains a property of Speedbrain GmbH up to the entire payment. Before transfer of title a pledge, protective conveyance, processing or transformation is not allowed without explicit approval of Speedbrain GmbH.
§ 7 Resignation
(1) Speedbrain GmbH is entitled to withdraw from the contract also concerning a still open share of the delivery or performance if misrepresentations about the credit rating of the buyer had been made or objective reasons have originated concerning the insolvency of the buyer, for example, the opening of insolvency proceedings about the legal estate of the buyer or the refusal of such a procedure in the absence of cost-covering legal estate. The possibility is granted before resignation to the buyer to make an advance payment or to produce a suited security.
(2) Regardless of any compensation claims produced share performances are to be settled up in case of the share resignation already according to contract and to pay.
§ 8 Guarantee
(1) Guarantee towards consumers
a) Speedbrain GmbH carries guarantee for the fact that the object of purchase is free of shortage by handing over. If a material defect appears within six months since handing over of the object of purchase, is supposed that this already fell short by handing over, unless, this supposition is incompatible with the kind of the object of purchase or the shortage. If the material defect appears only at the end of six months, the buyer must prove that the material defect was already given by handing over of the object of purchase.
b) If the object of purchase falls short by handing over, the buyer has the choice whether the subsequent performance should follow through finishing touches or spare delivery. Speedbrain GmbH is entitled to refuse the kind of the elective subsequent performance if it is possible only with disproportionate expenses and remains the other kind of the subsequent performance without considerable disadvantages for the buyer.
c) If the subsequent performance misses, the buyer can require lowering of the purchase price (decrease) or cancellation of the contract (resignation) as well as damages basically for his choice. With only slight shortages no right of withdrawal is entitled to the buyer.
(2) Guarantee towards entrepreneurs
a) If the purchase for Speedbrain GmbH and the buyer is a commercial transaction, the buyer has to examine the delivered product immediately for high-class divergence and amount divergence and to indicate recognizable shortages within a period of one week from reception of the product Speedbrain GmbH in writing; otherwise the assertion of the guarantee claim is excluded. Concealed shortages are to be indicated Speedbrain GmbH within a period of one week from discovery in writing. For the period protection the timely sending is enough. In this case the full burden of proof meets the buyer to all claim conditions, in particular for the shortage, for the time of the statement of the shortage and to the timeliness of the shortage rebuke.
b) With defects Speedbrain GmbH after own choice provides guarantee by finishing touches or spare delivery.
(3) The claims of the buyer because of shortages come under the statute of limitations in two years.
(4) If speedbrain GmbH delivers a purchase object free of lack for the purpose of the subsequent performance, speedbrain GmbH of the buyer can require restitution of the defective purchase object.
(5) The damages which are caused by measures contrary to the terms of the agreement or improper of the buyer by installation, connection, service or storage found no claim against Speedbrain GmbH.
§ 9 Restriction of liability
(1) All changes in the vehicle which do not correspond to the series original state of the vehicle are determined exclusively for the engine-sporty competition. By use in street vehicles the registration goes out according to ROAD TRAFFIC LICENSING REGULATIONS. Hence, a use on public streets is inadmissible. The use also on racing distances happens or similar on own danger and responsibility. All claims of the buyer or third against the shop assistant from accidents are expressly excluded of every kind.
(2) For possible secondary damages from the treatment and for mistake of our suppliers we assume no liability.
(3) All products at speedbrain.de are racing sport parts for the exclusive use in sport competitions. By use in street vehicles the registration goes out according to ROAD TRAFFIC LICENSING REGULATIONS. On racing sport parts there is no guarantee and no right to exchange.
§ 10 Legal choice, Jurisdiction
(1) All litigations from this legal relationship are defeated by the right of the Federal Republic of Germany. With consumers this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away. The validity of UN option to buy is excluded.
(2) If the buyer is a businessman, a legal person of the public law or public law special legal estate, is exclusive jurisdiction for all litigations from this contract the business location of Speedbrain GmbH. The same is valid if the buyer has no place of general jurisdiction in Germany or the residence or usual stay at the time of the filing of an action, are not known.
§ 11 Secrecy obligation
We store and transmit the job-oriented personal data of the customer exclusively for the treatment and winding up of his order. According to the regulations of the federal secrecy obligation we commit ourselves to a comprehensive protection of the personal data of the customer.
Important tip:
By 1st of March, 2006 the novella is become effective to the Telecommunications Act which permits the dispatch of newsletters only with explicit approval of the receiver. Who would not like to receive our sendings any more, is asked to let deliver with an answer mail of the distributor list. Should you not answer, we may evaluate this as a confirmation that you want to receive our emails also furthermore.
§ 12 Trade mark rights
All picture rights and copyrights of our offers lie with us or our partners. A use without explicit approval is not permitted and can be pursued criminal as well as civil.
Speedbrain GmbH
Treuchtlinger Straße 33
91781 Weißenburg i. Bay.
Instruction of the consumer
§ 1 Right of withdrawal
As a consumer you can revoke your contract explanation within two weeks without giving reasons in text form (e.g., letter, Telefax, e-mail) or by return of the goods. The period begins at the earliest with preservation of the product or if it concerns around a returning delivery of goods of the same kind, with preservation of the first part delivery and with preservation one in text form still separately cancellation instruction to be informed. For the protection of the cancellation period the timely sending of the cancellation or the product is enough.
The cancellation is to be directed in:
Speedbrain GmbH
Treuchtlinger Straße 33
91781 Weißenburg
e-mail: info@speedbrain.de
§ 2 Cancellation results
In case of an effective cancellation are the achievements received on both sides to return. The buyer bears the costs of the return if the delivered product of the ordered ones corresponds. Otherwise the return is free for the buyer. In this case the Speedbrain GmbH via e-mail (info@speedbrain.de) is to be contacted to bring the corresponding back end modalities in experience. Obligations to the allowance of payments are to be fulfilled within 30 days after sending the cancellation explanation. If the buyer cannot perform the achievement received by Speedbrain GmbH all or part or only in made worse state to return, he has in this respect if necessary value substitute. This is not valid if the deterioration of the case is to be led back exclusively on their check – as she would have been possible to him possibly in the retail shop–. For the rest, the buyer can avoid the value liability to pay damages, while he does not take the case like an owner in use and omits from everything what affects their value.
End of the cancellation instruction
