GENERAL TERMS AND CONDITIONS

1. General
1.1 The following terms and conditions apply to all contracts between Shepherd Micro Racing GmbH & Co. KG, Herrenwiesenweg 1, 69207 Sandhausen - hereinafter referred to as the provider - and the customer, which are concluded via the provider's online shop www.rccar24.de. Deviating regulations are only valid if they have been agreed in writing between the provider and the customer.
1.2 A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
1.3 The contract language is German. The contract will be stored by the provider. However, the storage is only limited in time, so the customer has to print it out himself or to ensure separate storage.

2. Subject of the contract
Subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on the provider's website.

3. Conclusion of contract
3.1 The provider's offers on the Internet represent a non-binding invitation to the customer to order goods in the online shop.
3.2 When purchasing via the online order form, the goods intended for purchase are stored in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again. Before submitting the order, the customer has the opportunity to check all the details again, to change or to cancel the purchase By sending the order via the corresponding button, the customer submits a binding offer to the provider. The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of a contract.
3.3 The acceptance of the offer (and thus the conclusion of the contract) takes place in each case by confirmation in text form (e.g. email) in which the processing of the order or delivery of the goods is confirmed to the customer or by sending the goods. After the 7-day period has expired without success, the offer is considered rejected and the customer is no longer bound to his order. In this case, any services already rendered will be reimbursed immediately.

4. Delivery
4.1 All items will be shipped immediately after receipt of payment, given they are available from stock.
4.2 If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately. A claim for damages due to items that are no longer available cannot be asserted against us.
4.3 Insofar as the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured. If the customer is an entrepreneur, delivery and dispatch is at his own risk.

5. Shipping costs
5.1 The packaging and shipping costs incurred are not included in the purchase price, are shown separately in the course of the order process and are to be borne separately by the customer. For deliveries within Germany and packaging, we charge a pro rata flate rate of € 6.50, regardless of the number and weight of the items.
5.2 In the case of deliveries abroad, the packaging costs are calculated separately for each case according to the weight and the type of shipment.

6. Terms of payment
6.1 The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all taxes.
6.2 The customer receives an invoice with the VAT shown.
6.3 Unless otherwise agreed for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6.4 The following payment methods are possible for delivery within Germany:
in advance
The customer is obliged to pay the purchase price immediately after the conclusion of the contract by transfer to the provider's account.
direct debitPayment by direct debit is only possible for companies who are authorized specialist dealers of the provider. The debit takes place at the earliest within 2 days after conclusion of the contract.
by PayPal
After the order has been completed, the customer receives an invoice by e-mail. Using this email, payment can be made to the following PayPal account on the PayPal site: info@rccar24.de
by credit card
The provider only accepts Visa Card or Master Card.
cahs sales
After the order has been completed, the customer receives an invoice by email. With this invoice he can pick up the ordered goods in the shop and pay the invoice amount on site.

6.5 The following payment methods are possible for deliveries abroad:
in advance
The customer is obliged to pay the purchase price immediately after the conclusion of the contract by transfer to the account of the provider.
by PayPal
After the order has been completed, the customer receives an invoice by e-mail. Using this email, payment can be made to the following PayPal account on the PayPal site: info@rccar24.de

7. Right of retention and retention of title
7.1 The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
7.2 The goods remain the property of the provider until the purchase price has been fully paid
7.3 If the customer is an entrepreneur, the following also applies:
7.3.1 The provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
7.3.2 The customer can resell the goods in the ordinary course of business. In this case, he already now assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is also authorized to collect the debt. If he does not properly meet his payment obligations, the provider reserves the right to collect the claim himself.
7.3.3 If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
7.3.4The provider undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the provider's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.

8.Cancellation policy
8.1 Right of withdrawal
As a consumer, you have the right to withdraw from the contract concluded with Shepherd Micro Racing GmbH & Co. KG within fourteen days without giving reasons.

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 taken possession of the goods.

In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the last Have or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Shepherd Micro Racing GmbH & Co. KG, Herrenwiesenweg 1, 69207 Sandhausen, phone 06224 92 39 11, fax 06224 92 39 10, email info@rccar24.de) by means of a clear declaration ( e.g. a letter sent by post, fax or email) of your decision to withdraw from the contract. You can use the sample cancellation form attached under 8.3 for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

8.2 Consequences of withdrawal
If you withdraw from the contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheap standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of the cancellation of the contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.

8.3 Sample for withdrawal form

9. Implied warranty
9.1 The statutory provisions apply.
9.2 As a consumer, the customer is asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the carrier of any complaints as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.
9.3 As far as the customer is an entrepreneur, the following applies in deviation from paragraph 1:
9.3.1 220/5000 Only the supplier's own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
9.3.2 The customer is obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify the supplier of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
9.3.3 475/5000 In the event of defects, the provider provides a guarantee of repair or replacement at its option. If the elimination of the defect fails twice, the customer can choose to request a reduction in price or withdraw from the contract. In the case of rework, the provider does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
9.3.4 The warranty period is one year from date of delivery. The shortened warranty period does not apply to culpably caused damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or malice on the part of the provider, as well as recourse claims according to §§ 478, 479 BGB.
9.4 The provider is not liable for defects that have arisen as a result of incorrect handling, normal wear and tear or external influences. In the case of repairs to the goods yourself or by third parties, which are carried out without our written consent, the warranty claim against the provider expires.

10. Liability
10.1 The provider is fully liable for damage to life, limb or health, insofar as he fraudulently withholds a defect or has assumed a guarantee for the quality of the object of purchase, in all cases of willful intent and gross negligence, in the event of damage under the Product Liability Act or if otherwise required by law.
10.2 The regulation of the preceding paragraph (10.1) extends to compensation for damages in addition to the service, the compensation for damages instead of the service and the claim for compensation due to futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
10.3 If essential obligations from the contract are affected, the violation of which jeopardizes the achievement of the purpose of the contract, the liability of the provider in the case of slight negligence is limited to the contract-typical, foreseeable damage.
10.4 If minor contractual obligations are breached, liability for slightly negligent breaches of duty is excluded.
10.5 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, the provider is neither liable for the constant or uninterrupted availability nor the incorrect functioning of the website.

11. Privacy policy
846/5000 The data transmitted by the customer will only be used by us to process the order. All your data will be treated as strictly confidential by the provider. The data will only be passed on to third parties (e.g. shipping services) if this is necessary for order processing. Order data is encrypted and transmitted securely, but the provider assumes no liability for data security during this transmission via the Internet (e.g. due to technical errors by the provider) or for any criminal access by third parties to files on our website. Access data for the customer login, which are transmitted to the customer at the customer's request, must be treated as strictly confidential by the customer, as the provider assumes no responsibility for the use and application of this data.

12. Copyright
AAll third-party logos, images and graphics shown are the property of the respective companies and are subject to the copyright of the respective licensor. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are in-house developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

13. Links
With the judgment of May 12, 1998 - 312 O 85/98 - "Liability for links", the district court of Hamburg decided that by placing a link one may be jointly responsible for the content of the linked page. According to the Regional Court, this can only be prevented by expressly distancing oneself from this content. The provider hereby expressly distances itself from all content on all linked pages on the homepage. This declaration applies to all links on the website.

14. Notes on battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, the provider is obliged to point out the following to the customer:
The customer is legally obliged to return used batteries as the end user. He can return old batteries, which the supplier carries or has carried in the range as new batteries, free of charge to the supplier's dispatch warehouse (shipping address). The symbols shown on the batteries have the following meanings:

The symbol of the crossed-out wheeled bin means that the battery must not be thrown into the household waste.
Pb = battery contains more than 0.004 mass percent lead
Cd = battery contains more than 0.002 percent by mass of cadmium
Hg = battery contains more than 0.0005 mass percent mercury.

15. Validity of the terms and conditions
With an order, the general terms and conditions of the provider are accepted. Should any provision of these general terms and conditions be void, for whatever reason, the validity of the remaining provisions remains unaffected. Verbal agreements require written confirmation. Unless otherwise stipulated by law, the place of fulfillment and jurisdiction is Sandhausen