Terms and Conditions

General terms and conditions of business

Here you will find our general terms and conditions, your cancellation policy and the privacy policy
General terms and conditions of CRZ-Raceparts.


1. General
1.1 Customers within the meaning of these General Terms and Conditions (GTC) can be both consumers and entrepreneurs.

1.2 An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

1.3 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.


2. Offer, conclusion of contract
2.1 eBay
2.1.1 The contract is concluded in accordance with Section 6 of the eBay Terms and Conditions, which reads as follows:

§ 6 Offer formats and conclusion of contract

[…]

2. If a seller lists an item using eBay services in an auction or fixed-price format, they submit a binding offer to conclude a contract for that item. They specify a starting or fixed price and a deadline within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.

3. The seller can also add a "Buy It Now" feature to auction-format listings. This can be exercised by a buyer as long as no bid has been placed on the item or a reserve price has not yet been reached. [...]

4. For fixed-price items, the buyer accepts the offer by clicking the "Buy Now" button and then confirming. For fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy Now" button and completing the immediately following payment process. The buyer can also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediately following payment process.

5. In auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder after the expiration of the bidding period. A bid expires if another buyer submits a higher bid during the bidding period. [...]

6. If the seller terminates the offer prematurely, a contract shall be concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.

7. Buyers may only withdraw bids if there is a legitimate reason for doing so. Following a legitimate bid withdrawal, no contract is concluded between the user, who, due to the withdrawal, becomes the highest bidder again after the auction ends, and the seller.

8. In certain categories, the seller can add a price suggestion function to their listing. The price suggestion function allows buyers and sellers to negotiate the price for an item. […]

[…]

11. If an item is deleted from eBay before the end of the listing period, no valid contract is concluded between buyer and seller.


Note: The complete eBay Terms and Conditions can be found on the eBay homepage in the footer.

2.1.2 The individual technical steps the customer must take to submit his offer on eBay depend on the offer format:

Auction procedure
During the auction process, the customer first enters the amount of their maximum bid in the field labeled "Enter your maximum bid" on the seller's listing page. Next, the "Bid" button must be clicked. eBay then asks the customer to review and confirm the entered bid. The maximum bid entered by the customer is announced, and the customer receives the following message:

"Your bid is binding. If you click Confirm Bid and are the highest bidder, you enter into a legally binding contract with the seller. The full item description can be found below."

The customer can then either confirm his bid or change the bid.


Offer to unsuccessful bidders
In the so-called offer to unsuccessful bidder procedure, the customer first receives an email message from eBay with the subject "Offer to unsuccessful bidders".

The customer has two buttons available in the email: "View Item" and "Reply Now." Depending on the selection, the steps specified by eBay must be followed. Finally, the customer can click the "Buy" button.




Buy it now, shopping cart function
With the Buy It Now process, the customer first clicks on the "Buy It Now" button on the seller's listing page or, if the customer wishes to purchase multiple items in one order, on the "Add to Cart" button. The customer then proceeds through the additional steps specified by the online marketplace eBay. The customer can choose whether to log in to their existing eBay account to place the order, create a new eBay account for their order, or place their order without registering with eBay as a so-called "guest." In the next step, eBay prompts the customer to "Review and Buy." The item is listed again, along with the price, shipping costs, delivery information, and payment details. The customer can then click "Buy" or, if ordering as a "guest" and/or via the shopping cart function, click the "Buy and Pay" button. Below the "Buy" button is this notice to the customer:

“When you click Buy, you enter into a legally binding contract with the seller.
To cancel the transaction, use your browser's "Back" button to return to the item page."


Price suggestion
With the so-called price suggestion process, the customer first clicks on the "Send price suggestion" button on the seller's offer page. A further window opens with the heading "Suggest price," where the customer can enter the price they want to suggest. The customer can then click on "Review price suggestion." Another window opens, "Review and confirm price suggestion." The customer can now either submit their price suggestion by clicking on "Send price suggestion" or change their price suggestion by clicking on "Edit price suggestion."

The seller has several options for responding to the price proposal. They can accept the customer's price proposal immediately, reject it immediately, or reconsider (i.e., accept, reject, or counter-offer within the maximum 48-hour period displayed on the site).

If the seller rejects the price proposal, the customer can submit a new price proposal by clicking the "Send new price proposal" button. If the seller rejects the submitted price proposal with a counteroffer, the customer can accept the seller's new offer within the maximum 48-hour period displayed on the page by clicking the "Accept price proposal" button, reject it, or reject it with a counteroffer by clicking "Send counteroffer." In the latter case, the previously mentioned steps must be completed again.

2.1.3 In all procedures referred to in 2.1.2, the Customer may identify, check and correct his entries as follows:

After clicking the button (e.g., "Bid," "Buy It Now," "Add to Cart," "Suggest a Price," "Review Suggested Price," or "Send a New Suggested Price"), the customer can review their entries on the subsequent confirmation page. If the customer wishes to change their entries, they can either return to the previous eBay item page by clicking the "Back" button on their browser or cancel the process by leaving the website and accessing the eBay item page again later. The customer can then correct any input errors using the usual keyboard/cursor functions in the respective input fields.

2.2 Online shop
The products and services listed by the seller in the online shop do not constitute binding offers; rather, they are an invitation to the customer to submit a binding offer by placing an order.

By submitting the order from the "virtual shopping cart," the customer places a binding order for the items contained therein. The seller will confirm receipt of this order to the customer immediately by email.

The purchase contract is concluded upon the express acceptance of the order in text form or upon delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contractual offer within two working days of receipt of the order.


3. Prices, shipping costs
All prices quoted are total prices including VAT plus shipping costs. Packaging and shipping costs are listed in the respective offer.

4. Retention of title
The goods delivered by the seller remain his property until full payment has been made.


5. Means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1 You can find the payment methods we accept on our website. Delivery is subject to the shipping costs stated in the item description. We will inform you of any delivery restrictions, if any exist.

5.2 If the customer is a consumer, the seller bears the shipping risk regardless of the shipping method. If the customer is a business, all risks and dangers of shipping are transferred to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.


6. Cancellation policy
If you are an entrepreneur (see section 1.2 of our Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity), the following applies:

Right of withdrawal
You have the right to withdraw from this contract within 1 month without giving any reason.

The cancellation period shall be 1 month from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must contact me

Christian Rziczny
Auf den Höfften 7
49434 Neuenkirchen-Vörden

Phone: 0160 - 97270188
Fax: 05495 - 994591
Email: info@crz-raceparts.de

by means of a clear statement (e.g. a letter sent by post, telephone, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.


Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.


Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To:

Mr. Christian Rziczny
Auf den Höfften 7
49434 Neuenkirchen-Vördeb

Fax: 05495 - 994591
Email: info@crz-raceparts.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the

following goods (*) ………………………………………………………………………………

ordered on (*) ………………………………………………………………………………

received on (*) ………………………………………………………………………………

Name of consumer(s) ……..……………………………………………………………….

Address of the consumer(s) ………………………………………………………………….

Date, signature of the consumer(s)




______________________________________
(*) Delete as appropriate.



7. Notes
7.1 Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:
• Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded,
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
• Contracts for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts,


The right of withdrawal expires prematurely, unless the parties have agreed otherwise, for the following contracts:

• Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the supply of goods if, after delivery, these have been inseparably mixed with other goods due to their nature,
• Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

7.2 Please avoid damage or contamination of the goods. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect them from transport damage.

7.3 Please note that the above-mentioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.


8. Compensation in the event of revocation
In the event of cancellation of the contract, the customer must, in deviation from Section 346 Paragraph 2 No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary to check the quality, properties and functioning of the goods, and we have informed the customer of his right of cancellation in accordance with Article 246a Paragraph 1 Paragraph 2 Sentence 1 No. 1 of the Introductory Act to the German Civil Code (BGB).


9. Liability for defects, warranty rights, liability
All our goods are subject to statutory liability for defects. The statutory provisions apply to liability and warranty.

The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any warranties do not limit statutory warranty claims.


10. Consumer information for distance contracts for the purchase of goods
10.1 The Seller is not subject to any specific codes of conduct not mentioned above.

10.2 The essential characteristics of the goods offered by the Seller, as well as the validity period of limited-time offers, can be found in the individual product descriptions on the website. The language available for concluding the contract is exclusively German.

10.3 Complaints and warranty claims can be submitted to the address provided in the provider's identification. Information regarding payment, delivery, or fulfillment can be found in the offer.

10.4 In the online shop, you first place the selected goods in the shopping cart. Once you have selected all the desired items, you can proceed to checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you can either continue shopping without registering in the shop or open a personal customer account. In both cases, you must first provide your contact details in the next step. You can then select the desired shipping and payment method and finally, you can place your order by clicking the "Buy" button. Until then, you have the opportunity to recognize and check your entries and, if necessary, correct them on the previous page by clicking the "Back" button on your browser, or to cancel the order process by leaving the page.

10.5 Storage of contract text on the eBay online marketplace
The seller does not save the contract text itself after the contract has been concluded, nor does the seller make the contract text available to the customer. However, the contract text is archived on eBay and can be accessed free of charge by the customer at www.ebay.de for a period of 90 days after the contract has been concluded by specifying the corresponding item number. To display the item page with the contract text, the customer can enter the corresponding item number in the search field on the eBay homepage and click the "Find" button. The relevant website can be printed using your browser's print function. After the contract has been concluded, you will automatically receive an email with further information on the contract processing. You can also save the contract text by right-clicking and saving the website to your computer. However, since the seller has no influence on the duration of storage on the eBay website, it is pointed out that, in accordance with the eBay Terms and Conditions, members themselves are responsible for archiving information that can be viewed via the eBay services and stored by eBay and that they need for the purposes of preserving evidence, accounting or other purposes on a storage medium that is independent of eBay.

10.6 Storage of contract text in the online shop
The seller does not save the contract text itself after the contract has been concluded, and the seller does not make the contract text available to the customer. However, after the contract has been concluded, we will send the customer an order confirmation with all details to the email address you provided, which will once again inform you of all the essential details of your order, our General Terms and Conditions, and your cancellation policy. You have the option of printing out both the General Terms and Conditions and your order with all entered data during the ordering process. You can also print out the contract text using your browser's print function. You can also save the contract text by right-clicking on the web page and saving it to your computer. Once the order has been processed, the contract text will no longer be accessible to you.


11. Final provisions
11.1 The contractual relationship between the Seller and the Customer, as well as the respective terms and conditions, shall be governed by the laws of the Federal Republic of Germany. If the Customer is a consumer, the applicable statutory provisions and rights under the law of the Customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.2 If any of the above provisions are not part of the contract or are invalid, in whole or in part, the remainder of the contract shall remain valid. To the extent that the provisions are not part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.

Privacy Policy
Based on eBay's privacy policy, you have already consented to eBay collecting your name, address, email address, delivery address, and bank details after the offer period has expired for the purpose of contract processing. The data received in this regard will be processed and used by the seller for the establishment, implementation, and processing of contracts concluded on the eBay online marketplace, as well as for the purpose of future customer support and customer care.

The seller only collects personal data if the customer voluntarily provides it for contract processing or when registering for the email newsletter. The customer's email address will be used exclusively for our own advertising purposes, provided the customer has expressly consented. The customer can revoke their consent to the seller at any time.

If the order is processed through the service provider "Afterbuy" (ViA-Online GmbH, Kimplerstraße 296, 47807 Krefeld), personal data will be passed on to Afterbuy exclusively for the purpose of processing the customer's online order. Details on data protection at Afterbuy and the ViA-Online GmbH privacy policy can be viewed on the Afterbuy website at "afterbuy.de."

When paying by credit card via PayPal or by direct debit via PayPal, the customer's payment data will be passed on to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, as part of the payment processing.

The customer's personal data will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. For the processing of payments, the payment data may be passed on to the credit institution commissioned with the payment.

After the contract has been fully processed, the customer's data will be stored by the seller in accordance with retention periods under tax and commercial law and deleted after these periods have expired, unless the customer has expressly consented to the further use of his data.

The customer has the right to free information about his or her stored data, as well as the right to have this data corrected, blocked, or deleted, if necessary. Please contact us with any relevant inquiries at the address provided in the provider's information. If the personal data we have stored about you is incorrect, we will, of course, correct it upon your notification.

You also have the right to revoke your consent to the storage of your personal data at any time with future effect. Upon notification, the personal data stored about you will be deleted unless the data in question is still required to fulfill the obligations of the concluded contractual relationship or legal regulations prevent deletion. In this case, the personal data in question will be blocked instead of deleted. For all data protection inquiries, such as questions about the collection, processing, or use of your personal data, or for information, correction, blocking, or deletion of data, please contact us at the address provided in the provider's information.

By concluding the contract, you agree to the transfer of your personal customer data. You can revoke your consent to the processing of your personal data at any time. In this case, please contact the person listed in the imprint.

For all questions and comments, please contact us at the address provided in the provider identification or by email to: info@crz-motorsport.de