1.1 These terms and conditions of Squadra Sportiva e.K. (hereinafter "Seller") applies to all sales, deliveries and services of the seller, on https://www.fiat-sportiva.de. All conditions of the buyer will be overruled, unless they are otherwise agreed upon.
1.2 Customers within the meaning of paragraph 1.1 are both consumers and entrepreneurs, a consumer is any natural person who enters into a legal transaction for a purpose that is neither commercial, nor is their activity attributed to any independent vocational activity . On the other hand, an entrepreneur means any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their professional or commercial activity.
2 Conclusion of a Contract
2.1 The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product range. By clicking the ‘Send Order’ button, customers agree to buy the goods in the cart. The customer receives an email which maps all ordered products and all necessary data the custumer has saved during the order process immediately after the order is transmitted to the seller. The sales contract becomes effective and binding on receipt of our separate order confirmation or the delivery of goods.
2.2 The purchase and contact are made via email and automated checkout. The customer must ensure that his or her designated email address for the purchase and order confirmation is correct, which enables emails from the seller to be received. In particular, the customer has to ensure that the use of spam filters are modified to ensure that all of the seller or its service providers can safely deliver mails.
Withdrawal from a Contract for Consumer
You can revoke your contractual declaration within 14 days without giving reasons, in writing (eg letter, email) or by phone.
The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient.
The cancellation period starts once you have sent the cancellation.
Cancellation or return of goods should be addressed to:
Squadra Sportiva e.K.
DE - 23730 Sierksdorf
Consequences of Cancellation
In case of an effective cancellation the goods and any other benefits (e.g. interest) have to be returned.
Distance selling regulations invalidate the right of withdrawal for deliveries of goods which have been manufactured according to the customers specifications (one offs etc.).
The goods must be in original condition, otherwise you are liable to indemnify us for the loss of value due to bad handling of the goods by you.
Testing and trying out the goods must be done as carefully as possible so as to ensure that the goods are not damaged in any way.
All transportable goods have to be returned at your expense. If desired, goods that are too large to be sent by parcel service (bumpers, side skirts etc.) can be picked up at your home address by our forwarder.
The obligation to return received payments shall be fulfilled within 7 days.
The cancellation period starts once you have sent the cancellation.
End of the terms of cancellation.
4 Prices and Payment
4.1 Our prices are plus packing and value added tax, all payments are payable without deduction, unless otherwise stated. The prices quoted by the seller are to be understood as final. There might be further costs for non EU-customers e.g. custom duties or taxes.
4.2 The sellers invoices are payable as per agreement by payment in advance with PayPal, or bank transfer. Shipments abroad are only accepted with prepayment.
4.3 If payment in advance is agreed, payment must be made within 7 (seven) days, this is then the date of the receipt from the seller.
4.4 Payments with discharging effect can only be made directly to our bank account or by cash payment to us directly in Sierksdorf.
5 Delivery and Shipping Terms
5.1 The delivery of the goods will be made to the delivery address specified by the customer.
5.2 If it is not possible to deliver to the customer, the contracted delivery company will send the goods back to us after the third unsuccessful delivery attempt, and the customer has to bear the cost of the failed delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempts.
5.3 The delivery is generally at the customers risk if the customer is an entrepreneur as in§ 14 BGB (German civil code), this also applies for partial deliveries. If the customer is a consumer in the sense of § 13 BGB, risk of accidental destruction and accidental deterioration of the purchased object shall only pass to the customer at handover of the goods even if the object is shipped.
The goods should be examined immediately after delivery by the customer, or an authorized person to ascertain any transport damage, detectable transportation and packaging damage have to be confirmed in written form by the shipping company upon delivery and reported as soon as possible to us by the customer.
5.4 Any information concerning delivery dates is not legally binding, unless of course a definite date of delivery has been set in writing. This also applies for entrepreneurs.
6 Reservation of Ownership
The delivered goods are the property of the seller until all payment responsibilities have been made by the customer.
7 Liability for Defects
The statutory provisions apply if there should be any defect of the goods.
Attention: The statutory German warranty is not equal to a full (manufacturer) warranty. The statutory warranty cover the characteristic and quality, 6 months after delivery the customer has to prove that the characteristic was not good enough. The statutory warranty do not cover wastage / attrition (at e.g. brake discs, dampers etc.)! Please ask our sales team for warranty details which some manufacturers grant in addition.
7.1 Restriction of this provision for entrepreneurs
- Minor defects usually do not make the seller liable for claims.
- The seller has the choice of redress.
- The statute of limitations is for a period of one year from the transfer of risk (receipt of goods).
- The rights and claims for defects are generally excluded when employed for used goods.
- The statute of limitations does neither prolong or start again if a replacement delivery is made under the statutory warranty.
7.2 For consumers, the limitation period for statutory warranty claims
- for new goods, is two years from delivery of the goods to the customer.
- for used goods, it is one year from delivery of the goods to the customer.
7.3 For entrepreneurs, the statutory limitation periods for the right of recourse shall remain unaffected by §478 BGB (German civil code), the same is true for business owners and consumers in a premeditated breach of duty and fraudulent concealment of a defect.
7.4 In addition, for businesses and consumers that the foregoing limitations of liability in clause 7.1 and clause 7.2 does not apply to damages and reimbursement of expenses, which the buyer could make in accordance with the law due to defects. For these claims clause 8 shall apply.
7.5 If the customer is a merchant as indented in §1 HGB (German commercial code), the provisions for commercial inspection and reprimand as mentioned in §377 HGB take effect. If the customer refrains from the regulated notification obligations, the goods shall be deemed approved.
7.6 If the customer is a consumer, either he/she or a third party should examine the goods immediately after delivery to ascertain any transport damage, detectable transportation and packaging damage.
These must be confirmed in written form by the shipping company upon delivery and reported as soon as possible to us by the customer. If the customer does not comply, this has no effect on his/her legal or contractual warranty claims.
7.7 If the redress is made by means of a replacement delivery, the customer is obliged to return the original goods within 30 days to the seller at his own expense. The return of the defective goods must be made in accordance with statutory regulations. If the seller delivers a replacement free of defects, the seller can according to §346 para 1 BGB (German civil code) place a claim for compensation against the customer. Other statutory claims remain unaffected.
7.8 The assignment of the customer's warranty claims are excluded if the customer is an entrepreneur.
8.1 The seller shall be liable for any legal reason without restriction in the case of loss of life, bodily injury or damage to health, and/or intentionally or grossly negligent breach of contract on the part of the seller and the liability according to binding legal provisions, such as the Product Liability Act.
8.2 Unless otherwise provided for in the present German law, the customer has no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or unorthorized action:
8.3 Should the seller have negligently violated a contractual obligation (cardinal obligation), the obligation to pay damages are limited to the average typical cost of the damage.
8.4 Should the seller have negligently violated an insignificant contractual obligation, in this case the obligation is limited to the contract value.
9 Personal Data
9.1 We save and process your personal data only for the purpose of fulfilling our contractual and legal obligations to you. Where we wish to use your data for further purposes, such as a transfer of data to third parties to affiliates and partner companies (e.g. our forwarders DHL / DPD), we will always obtain your explicit consent before you enter the contract. You may revoke such consent at any time without any formal requirements. The data of the customer will not be used for any advertising purposes.
9.2 The seller saves the data of the customers order information and sends it to the customer complete with the terms and conditions via email. The terms and conditions can however be seen here at any time.
10 Applicable Law
10.1 Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.
10.2 If the customer is a merchant, legal person under public law or public special fund, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seat of the seller (Germany). The same applies if the customer has no general jurisdiction in Germany or the EU or domicile or habitual residence at the time of action. The power to call the court in another
legal jurisdiction remains unaffected.
11 Final Clause
11.1 Should any of these individual contractual conditions, for what reasons whatsoever not be legally enforceable, this will then not mitigate the legal validity of the remaining agreements in any way.