Terms of service

General Terms and Conditions (GTC) of X-raid Motorsport GmbH
The deliveries, services and offers of X-raid Motorsport GmbH ("X-raid" or "Seller") are made exclusively based on these terms and conditions, unless otherwise agreed in writing. They also apply to all future business relationships, even if they are not expressly agreed upon again. Deviating conditions of the customer / buyer, which were not expressly recognized by X-raid in writing, do not apply, even if X-raid does not expressly contradict them.
§ 1 Conclusion of Contract
1)    Our offers in brochures, advertisements, online brochures, in other advertising materials or on the website are subject to change and non-binding, in particular regarding the prices. Just like customer orders by email, they merely represent a non-binding offer.  
2)    X-raid always reserves the right to conclude or not conclude a contract. In particular, the receipt of an order by e-mail, fax or telephone does not constitute an acceptance of an offer by the customer. X-raid can accept the offer in writing or in text form or by sending the ordered goods at its own discretion.
3)    The buyer is bound to his order for six months. The deadline is based on the fact that some supplies are delivered from abroad. The buyer expressly recognizes the appropriateness of the acceptance or performance period. Orders require the seller's written confirmation to be legally valid.
4)    Subsidiary agreements, changes and additions are only valid if the seller confirms them in writing. The same applies to the assurance of features.
5)    The descriptions and specifications specified when the contract was concluded represent the technical status at that point in time. The seller expressly reserves the right to make design changes and deliveries within the framework of this contract, provided that these changes are not of a fundamental nature and the contractual purpose is not significantly restricted.
6)    The contracts between seller and buyer are sales contracts. The mutual obligations arise exclusively from the following provisions, which, for example, are not affected by any financing agreements between the buyer and third parties. In particular, the buyer's payment obligations remain in full. This also applies if the seller has brokered financing agreements.
§ 2 Prices, Price Changes
1)    All prices are gross prices including the statutory sales tax applicable in Germany. In addition, there are shipping costs and, in individual cases, cash on delivery costs.
2)    If there are more than 3 months between the conclusion of the contract and the agreed and / or actual delivery date, the seller's prices valid at the time of delivery or provision apply.
§ 3 Shipping and Transfer of Risk
1)    The risk passes to the buyer as soon as the shipment has been handed over to the company or person performing the transport or has left the seller's warehouse for the purpose of shipment. If the shipment is delayed at the request of the buyer, the risk is transferred to him with the notification of readiness for shipment.
2)    The seller is entitled, but not obliged, to insure deliveries in the name of and for the account of the customer. The customer has to bear the corresponding costs.
3)    Shipping is freight collect from the Trebur-Astheim warehouse, Germany.
4)    Dates and delivery times are always non-binding. The seller endeavors to adhere to them. If X-raid is in default, the buyer can withdraw from the contract in accordance with the following provisions, but cannot claim compensation for non-performance.
5)    The extended liability according to §287 BGB is excluded.
6)    If the goods ordered are not accepted, the seller will charge the buyer the shipping costs incurred as well as a flat rate of 10% of the price of the goods for storage and processing. In the case of goods being returned by the buyer, the buyer bears the shipping costs incurred. The seller is not obliged to take back goods that have been returned freight collect.  
7)    If the buyer is a company or entrepreneur, he or she must immediately examine the shipment for transport damage upon arrival and notify the forwarding agent / carrier / logistics company of any damage immediately. In addition, the buyer must notify the seller in writing of all defects immediately, but no later than seven (7) days after receipt of the goods. The defective delivery items are to be available and documented by photo or video for inspection by the seller in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty claims against the seller.
§ 4 Warranty & Liability
1)    If the delivery item is defective or lacking guaranteed properties or if it becomes defective within the warranty period due to manufacturing or material defects, the seller will deliver a replacement of his choice, excluding any other warranty claims of the buyer - excluding any consequential damage to the buyer.
2)    In the event of liability, X-raid assigns the claims against the supplier or manufacturer of the respective item to the customer.
3)     If the repair or the replacement delivery, which must be carried out within a reasonable period, fails, the buyer can be granted a reimbursement up to a maximum of the purchase price actually paid. At the option of the seller, he can take back the defective goods or ask the buyer to dispose of them properly.
4)    Claims for damages due to impossibility of performance, due to non-fulfillment due to positive breach of contract, due to negligence when concluding the contract and due to illicit acts are excluded both against the seller and against his vicarious agents, unless the damage was caused intentionally through gross negligence.
5)    The seller assumes no liability for any necessary TÜV (Technical Control Board) acceptance and registration to obtain an operating license for individual delivery items. The seller assumes no liability for the installation of accessories, in particular not for any consequential damage.
6)    Professional assembly, installation permission, national acceptance, and operating of the goods / packages or individual parts in the vehicle are the sole responsibility of the buyer and must therefore be clarified by the buyer before the purchase and therefore offer no reason for a return or compensation for damages.
7)    Obtain national authorities yourself and observe national regulations
8)    The customer is obliged to check the wheels 50 km after mounting and tighten them with the prescribed torque. This process must be repeated at regular intervals of 2,000 km at the latest.
9)    In the case of the seller's liability, the buyer bears the burden of proof for the circumstances giving rise to liability.
10)    The seller's liability is limited to the value of the item sold, but to a maximum of EUR 10,000.
§ 5 Title Retention
1)    The delivered goods remain property of the seller until all claims from the business relationship between the seller and the buyer have been paid in full.
2)    The suspension of individual claims in a current invoice as well as the balance drawing and its recognition do not affect the retention of title. Payment is only deemed to have been made on receipt of the equivalent value by the seller.
3)    If the customer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. As security, the customer hereby assigns to X-raid all future claims up to the amount owed to X-raid, which the customer accrues through the resale to third parties. X-raid accepts the assignment of the claim. After the assignment, the customer is authorized to collect the claim. X-raid reserves the right to collect the claim itself if the customer does not meet his payment obligations. Conversion, processing or mixing of the goods by the customer is always carried out in the name and on behalf of X-raid until payment has been made in full. If the goods are processed, X-raid acquires co-ownership of the new item accordingly, in proportion to the value of the goods delivered by X-raid. The same applies to mixing.
§ 6 Payment
1)    The purchase price is due immediately when the invoice is issued and before the goods are dispatched, without any discount.
2)    The seller expressly reserves the right to reject checks or bills of exchange. Acceptance is always only as undertaking to pay. Discount and bill charges are at the expense of the buyer and are due immediately.
3)    With the waiver of § 366, 367 of the German Civil Code (BGB) and, if applicable, in spite of a different provision by the buyer, the seller determines which of the buyer's claims have been met.
4)    If the buyer is in default, the seller is entitled to charge interest at a rate of 5 percent. Interest is due immediately.
5)    If the buyer does not meet his payment obligations, in particular if a check or bill of exchange cannot be redeemed or if he suspends his payments or if the seller becomes aware of other circumstances which, at the seller's sole discretion, call the buyer's creditworthiness into question, the seller is entitled to make the entire remaining debt due immediately, even if he has accepted bills of exchange or checks. In this case, the seller is also entitled to demand advance payments or security for all other contracts, as well as to withdraw from these contracts or to demand compensation after a reasonable grace period.
6)    In the event of default on the part of the buyer, the seller is entitled, regardless of other costs (e.g. for a lawyer, etc.), to demand a flat reminder fee of EUR 15 for each reminder letter for the seller's general administrative expenses.
7)    The buyer is only entitled to a summation if the counterclaim is undisputed or legally binding.
§ 8 Packaging
1)    The seller takes back the packaging used by him for shipping and / or sales packaging, insofar as he is obliged to do so.
2)    The transport packaging used by the seller will be taken back free of charge at his seat in Trebur.
3)    The seller is only obliged to take back packaging that is clean and dry and that is not delivered mixed with other garbage.
4)    Any transport costs incurred for the return transport of the transport packaging are borne by the buyer.
§ 9 Other provisions
1)    Place of performance. The place of performance for all obligations arising from the contractual relationship is the registered office of the seller.
2)    Partial ineffectiveness. Should one or more of the above provisions be or become ineffective, the effectiveness of the others will not be affected. The ineffective provision is to be replaced by an effective provision that realizes the economic purpose pursued with it as far as possible. § 139 BGB does not apply.
3)    Applicable Law. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention (CISG). For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
4)    Place of jurisdiction. The exclusive place of jurisdiction for all disputes arising from the contractual relationship as well as its origin and effectiveness is the registered office of the seller.
§ 10 Widerruf, Widerrufsbelehrung und Rückgaberecht für Verbraucher
§ 10 Revocation, revocation policy and right of return for consumers
A. Definitions
1)    "Consumer" is any natural person who concludes a legal transaction for purposes that are predominantly neither attributed to commercial nor independent professional activity (§ 13 BGB).
2)    "Entrepreneur" is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB). If an entrepreneur does not act in the exercise of their commercial or self-employed activity, they also benefit from the rights intended for consumers.
B. Revocation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
The revocation must be sent to:
X-raid Motorsport GmbH, Adam-Opel-Str. 4, 65456 Trebur or offroad@x-raid.de
To exercise the buyer's right of cancellation, the buyer must inform X-raid of the decision to cancel this contract by means of a clear declaration (e.g., a letter sent by post by registered mail or e-mail with a read confirmation). The buyer can also electronically download and fill out the sample revocation form or another clear declaration on the X-raid website or, if this is not available there, request it from offroad@x-raid.de. To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
C. Consequences of Withdrawal
If the buyer cancels this contract, X-raid shall immediately and at the latest within fourteen days refund all payments that X-raid has received from the buyer, excluding delivery costs, packaging costs or bank charges or other fees incurred during payment or repayment. These are to be repaid on the day on which the notification of your revocation of this contract has demonstrably been received by X-raid. For this repayment, X-raid will use the same means of payment that was used in the original transaction.
X-raid can refuse the repayment until the goods have returned intact in Trebur. The buyer must return or hand over the goods to X-raid immediately and in any case no later than fourteen days from the day on which the buyer informed X-raid of the cancellation of this contract. The deadline is met if the buyer sends the goods before the period of fourteen days has expired. The buyer bears the direct costs of returning the goods.
The buyer only has to pay for any loss in value of the goods if this loss in value is due to handling by the buyer that is not necessary to check the condition, properties and functionality of the goods.
D. Exclusion from the right of revocation
The right of revocation does not apply to contracts:
1)    for the delivery of goods that are not prefabricated and for which the production is determined or individually selected by the consumer, or which are clearly tailored to the personal needs of the consumer,
2)    for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
3)    for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
4)    for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature,
5)    for the delivery of goods, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
6)    for the delivery of goods in a sealed package, if the seal has been removed after delivery.

§ 11 data protection
A. Contact form information about your data
If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.
The processing of the data entered in the contact form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke this consent at any time. An informal e-mail to us is sufficient. The legality of the data processing operations carried out before the revocation remains unaffected by the revocation.
The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular retention periods - remain unaffected. We also refer to the data protection declaration on our website (www.shop.x-raid.de/en/privacy).
B. Data transmission when concluding a contract for online shops, dealers and commercial shipment
We transmit personal data to third parties only if it is necessary in the context of contract processing, for example to the company entrusted with the delivery of the goods or the credit institution commissioned with the payment processing. A further transmission of the data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, e.g., for advertising purposes.
The basis for data processing is Article 6 (1) (b) GDPR, which allows the processing of data for the fulfillment of a contract or pre-contractual measures. We also refer to the data protection declaration on our website (www.shop.x-raid.de/en/privacy).

[Stand: September 2021]