General terms and conditions of business
for the online shop at the URL
operated by
Quickshift
Timo Hildner
Ulrich-Mair-Strasse, 3
87435 Kempten
Email: info@teamquickshift.com
Telephone number: +491631597869
- hereinafter: Provider -
1. Scope
These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services, or other items (hereinafter "Goods") in the online shop at the above-mentioned URL in the version valid at the time of conclusion of the contract. These GTC apply exclusively. Any deviating GTC of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop represent a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The order for the goods is placed via the provider's online order form. After selecting the desired goods, entering all requested mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g., by email) (order confirmation) and this order confirmation is received by the customer, or when the provider delivers the ordered goods and these goods are received by the customer, or when the customer requests payment (e.g., invoice or credit card payment during the ordering process) and the payment request is received by the customer. The decisive factor for the conclusion of the contract is the time at which one of the alternatives mentioned in the first half of the sentence occurs for the first time.
2.3 Before submitting the order via the Provider's online order form, the Customer can review their entries and correct them at any time using the usual keyboard, mouse, touchscreen, or other available input functions. Furthermore, all entries will be displayed again in a confirmation window before the order is submitted, and can also be corrected there using the usual keyboard, mouse, touchscreen, or other available input functions.
2.4 The provider will save the contract text after conclusion of the contract and send it to the customer in text form (e.g., by email). The provider will not make the contract text available beyond this time. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
.
3. Right of withdrawal for consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the cancellation policy, which is made available to every consumer immediately before the conclusion of the contract at the latest.
4. Payment, default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT plus any shipping costs listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If payment via PayPal has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.
4.9 If Giropay is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment is processed by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of title
The purchased goods remain the property of the seller until the purchase price has been paid in full.
6. Delivery and reservation of self-supply
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 For freight forwarding deliveries, unless otherwise agreed, delivery is made "free curbside." This means delivery to the nearest public curb to the specified delivery address.
6.3 Self-collection of the purchased goods is excluded.
6.4 If the provider is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, despite having concluded a congruent hedging transaction with a reliable supplier in a timely manner, the provider is released from its obligation to perform and may withdraw from the contract. The provider is obligated to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The statutory warranty provisions apply.
8. Liability and Indemnity
8.1 The provider is liable without limitation:
- for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless otherwise agreed;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the typical, foreseeable damages, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider in accordance with its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.
8.3 Furthermore, the liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The Customer shall indemnify the Provider against any claims by third parties – including legal defense costs up to the statutory amount – asserted against the Provider due to unlawful or contractually infringing actions by the Customer.
9. Data protection
The provider treats its customers' personal data confidentially and in accordance with statutory data protection regulations. Further information can be found in the provider's privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law deprives a consumer habitually resident in the EU of mandatory statutory provisions of the law of his or her country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not reside within the European Union. The registered office of our company can be found in the heading of these General Terms and Conditions.
10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the heading of these Terms and Conditions.
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