1. General
The following General Terms and Conditions are valid for all contracts, deliveries and other services. Possible contradictory business terms of the customer are explicitly excluded. Additional agreements or amendments to the contract are only effective if they are confirmed in writing.
Switch-E AG is at all times entitled to change or supplement these General Terms and Conditions including all possible enclosures with an adequate term of notice. Orders made previous to possible changes will then be processed according to the old General Terms and Conditions.
2. Offer
The portrayal of the products on ebay or in the shop is not a legally binding offer but rather a non binding online catalogue. Small deviations and technical changes to our pictures or descriptions are possible.
3. Prices
All prices contain the legal VAT of a current sum of 19%. The prices are, if not agreed upon otherwise, ex warehouse.
4. Conclusion of a Contract
Your order is an offer to Switch-E AG for the conclusion of a purchase contract. By placing your order, you are also confirming that you are at least 18 years old.
If you make an order at RACE-STAR / Switch-E AG (www.RACE-STAR.com), we will send you an e-mail which confirms the receipt of your order and which lists the details. This order confirmation is not an acceptance of your offer, it merely informs you that we have received your order. A purchase contract only materializes with the shipment of the dispatch confirmation or the delivery of the products.
For all internet auctions (eBay) the contract comes effective when the customer wins the auction or buys the article by pressing the buy-now-button.
5. Shipment, Delivery and Payment
The delivery will follow ex warehouse to the delivery address given by the customer. The delivery and payment conditions will be pointed out in more detail in the product description. There is no minimum order amount. Endor AG is also entitled to limit the quantity ordered to commercial amounts. We reserve the right to make a partial delivery in so far as this appears to be advantageous for speedy handling and in so far as this is reasonable for you. You will have no additional shipping costs. Special forms of shipment which are requested by our customers will be billed with the customary additional fees.
Payment is due immediately after the binding order. As far as not otherwise agreed upon, payments must be made exclusively with prepayment, credit card or with PayPal credit card.
6. Delivery Times
Goods which are in the warehouse (we are not liable for transportation problems) will be shipped within 1 up to 2 working days after receipt of payment. If the goods are not available when the order is made, we will strive for delivery as soon as possible. In case the failure to comply with a delivery or service deadline can be traced back to an act of god, industrial conflict, unforeseen complication or other condition for which we are not at fault, the deadline will be extended accordingly. If failure to comply with a delivery deadline is due to another reason than named above, the customer is entitled to set an appropriate new deadline with the threat of rejection and if this new deadline is not met he can cancel the delivery named in the contract or the service from the contract. If the delivery is not possible due to the inability of the manufacturer or our suppliers, both we and the customer can cancel the contract if the agreed upon delivery date exceeds more than 2 months. Claims for damages due to default or inability or failure to fulfill obligations, even those which arose by the withdrawal from the contract, are excluded. That is unless a legal representative of Switch-E AG has acted deliberately or negligently.
7. Revocation Rights & revocation form
Statutory right of withdrawal
If the customer is a consumer, he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us
Switch-E AG
RACE-STAR Germany NRW Westhauserstr. 27 42857 Remscheid Email: oliver.klass@race-star.com Phone: +49 30 8939 8576
Of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax, email or phone call). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract to us or to
Deutsche Post AG
Charles-de-Gaulle-Straße 20 PLZ/Ort: 53113 Bonn Telefon: +49 / (0) 228 / 4333112 E-Mail: impressum.brief[at]deutschepost.de
The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteenday deadline. The customer shall bear the costs of returning the goods.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Download: Revocation form.pdf
8. Passing of the Risk
With shipment of the goods, the risk by Endor AG is transferred to the customer. With returns, the sender carries the risk, in particular the transport risk, until the goods have been received by Endor AG as well as the transport costs. In the case of a guarantee claim, the customer can claim his postage costs for the most simple way of sending with supporting documents.
9. Guarantee
Endor AG guarantees that the purchased goods were free of material and manufacturing flaws at the time of the transfer of the goods and that they have the guaranteed quality set down in the contract.
Upon receipt, the customer must inspect the goods immediately for flaws, condition and quality. In the case of apparent flaws, these must be reported to us in writing within 10 days after their discovery, the same is valid for latent defects. Otherwise the guarantee for these defects does not apply.
The guarantee is for 24 months after shipment.
With complaints, the purchase date must be proven with a bill. The article being complained about with full accessories together with an exact description of the error must be sent in together with a copy of the delivery receipt in the original packaging with suitable outer packaging, with sufficient postage paid. The guarantee does not cover normal wear and tear. The guarantee expires if the customer changes the goods delivered. With defects which are the fault of the buyer because of improper handling, the buyer is committed to carrying all resulting subsequent improvement and transport costs. Endor AG has the right to subsequent improvement free of charge during the guarantee period. A partial or complete exchange of the article is admissible. If flaws are not corrected within a sufficient period of time, the buyer has a right to conversion or a reduction of the purchase price. § 476a BGB (German Civil Code) is valid.
10. Reservation of Title
Endor AG reserves the title to delivered goods and services until the complete payment of all demands which have resulted or will result on part of the buyer from the business relationship, no matter what kind and on which legal grounds.
11. Storage of Data
According to § 28 of the Federal Law for the Protection of Data (BDSG), we point out that the data necessary within the scope of the conclusion of the transaction is processed and stored using an EDP system according to § 33 (BDSG). Personal information will of course be treated confidentially. The person making the order explicitly agrees with this raising, processing and use of personal information.
You have the right at any time to free information, notification, blockage and cancellation of your stored data. Please turn to direct@fanatec.com or send us your request per post or fax.
We do not give your personal data including your house address and e-mail address to third parties without your explicit consent which can be revrooted at any time.
The exception to this is our service partners which need the data for handling the order (e.g. the shipping company which has been assigned with the shipment and the credit institution which the handling of payment has been assigned to). In these cases, the scope of the transmitted data is limited to the necessary minimum.
12. Concession of Rights, Customer Assessments
If a user decides to write a Fanatec / Endor AG assessment, he allows Switch-E AG an exclusive license which is unlimited pertaining to time and place for the further use of the customer assessment for any purpose online as well as offline. Switch-E AG reserves the right to not show an assessment or to show it for a limited time on the website as well as to shorten or change it. Customer assessments exclusively reflect the opinions of the customers. The contents do not necessarily comply with the opinions of Switch-E AG.
13. Place of Execution and Legal Venue
The place of execution and legal venue for both parties is the location of Switch-E AG (with commercial customers), with private customers the place of execution and legal venue is the location of the customer. In so far as the person making the order resides outside of the Federal Republic of Germany, the exclusive legal venue is the location of Switch-E AG. The law of the Federal Republic of Germany exclusively applies.
14. Damage Claims
Claims for damages exist exclusively with intentional or grossly negligent fault on part of the director or assignees of Switch-E AG.
15. Severability Clause
If one of these regulations should be ineffective or challengeable, the effectiveness of the other regulations remains unaffected. In place of the ineffective clause, a legally admissible regulation will take its place which efficiently is closest to it.
16. Disclaimer
Conditions of use, guarantee, liability with regard to content and links, superior force, Acts of God.
The use of this website is at the user’s own peril and risk. We neither accept liability for constant availability nor for the published contributions, offers and services with regard to accuracy, completeness and functionality. The guarantee is in accordance with the statutory provisions. Any liability for damage arising directly or indirectly from the use of this website is excluded. This website and the services associated with it are operated with the greatest possible care, reliability and availability. However, for technical reasons it is not possible for these services to be constantly accessible, for the desired connections to always be successfully established or for the stored data to be retained in all circumstances. Therefore, constant availability cannot be guaranteed. IP connectivity to other network operators occurs to the extent possible. Any liability for problems attributable to the networks of third parties is excluded. The use of other networks is subject to the conditions of use of the relevant operators. In the event of force majeure, strikes, and restrictions to the services of other network operators or in the event of repair and maintenance work, restrictions or disruptions may occur, whereas Switch-E accepts no liability for such failures.
Version from 3rd August 2016
