General terms and conditions of business
Complaints Procedure
"Dear customers,
We are committed to the existence of the EU Commission's online platform
Possibility of online dispute resolution (OS platform) in consumer matters
to provide information about online contracts and to link to the platform.”
Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find.
DXRacer Germany GmbH is not obliged to participate in dispute resolution proceedings before a universal arbitration board and is not prepared to do so. DXRacer Germany GmbH therefore does not take part in dispute resolution proceedings before a universal arbitration board.
General consumer arbitration board of the Center for Arbitration e.V.
Straßburger Straße 8 77694 Kehl am Rhein
Website: www.verbraucher-schlichter.de
§ 1 Scope, Definitions
(1) For the business relationship between DXRacer Germany GmbH as DXRacer's authorized representative in Germany (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Differing conditions from the purchaser will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range via www.dxracer-germany.de and collect them in a so-called shopping cart using the “add to shopping cart” button. Using the “Send order” button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in their application.
(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation).
§ 3 Delivery, availability of goods
(1) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will not issue a declaration of acceptance. A contract is not concluded in this case.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also immediately inform the customer of this in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments the customer has already made.
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer. These are also available via the link “plus. Shipping” or via the “Shipping costs” button on the website.
(3) The goods are dispatched via parcel delivery or by a forwarding agent. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the provider must bear the costs of the return.
(5) Multiple discounts and discount vouchers cannot be combined. A payout or subsequent settlement or refund is not possible. If you exercise your right of return, the reduced purchase price will be refunded. There is no right to a refund or replacement of the voucher.
§ 6 Payment modalities
(1) The customer can pay via PayPal Plus (PayPal, direct debit, credit card and purchase on account), Amazon Payments, Klarna installment purchase, cash upon collection or payment in advance.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest of 5 percentage points above the base interest rate if he is a consumer. Entrepreneurs have to pay default interest of 8 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest does not exclude the provider from asserting further damages due to default.
(5) Payment via financing
In collaboration with Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden, we offer you installment purchase as a payment option.
Please note that Klarna installment purchases are only available for consumers and that payment must be made to Klarna.
Klarna installment purchase
With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least €6.95). You can find more information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit here.
Privacy Notice
Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit reporting agencies. Your personal details will be processed in accordance with the applicable data protection regulations and as provided in Klarna’s privacy policy treated.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff BGB. For entrepreneurs, the warranty obligation for items delivered by the provider is 12 months.
(2) An additional guarantee only exists for the goods delivered by the provider if this was expressly provided in the order confirmation for the respective item.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
DXRacer Germany GmbH
Authorized managing director: Fabian Krist
Maßbrucher Weg 25
32657 Lemgo
Tel.: 05261-6677617
Fax: 05261-6677618
E-Mail: info@dxracer-germany.de
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days has expired.
We bear the costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
An
DXRacer Germany GmbH
Maßbrucher Weg 25
32657 Lemgo
Fax: 05261-6677618
E-Mail: info@dxracer-germany.de
I/we1 hereby revoke the contract concluded by me/us1 for the purchase of the following goods:
_________________________________________________________
_________________________________________________________
Ordered on: _____________________________________________
Received at: _____________________________________________
Name:
_____________________________________________
Address:
_____________________________________________
_____________________________________________
Signature:2 _____________________________________________
Datum: _____________________________________________
1 Delete what is not applicable. 2 Only for notifications on paper.
End of revocation
§ 10 Transfer of risk
For consumers, the risk of accidental loss or accidental deterioration of the item only passes when the item is transferred. For entrepreneurs, the risk of accidental loss or accidental deterioration of the goods, if it is a mail order purchase, is transferred when the item is handed over to the transport person or company commissioned with the transport.
§ 11 Information on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) The customer has the option at any time to access, change or delete the data stored by him using the “My data” button in his profile. Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website using the "Data protection" button.
§12 Special provisions for affiliates
(1) Participation in partner programs
(1.1) DXRACER GERMANY GMBH offers an affiliate program that the affiliate can access via the password-protected user area. The affiliate has the opportunity to participate in the affiliate program. However, there is no entitlement to participate in the partner program.
(1.2) Participation in the partner program takes place by integrating one or more of the advertising materials provided for the partner program into the affiliate's Internet offering or by providing other media services intended for the partner program by the affiliate.
(1.3) If an affiliate does not meet the terms and conditions of participation in the partner program or if the contract with regard to the partner program has already been effectively terminated, but the affiliate nevertheless integrates advertising material made available for the partner program into its Internet offering, there is no entitlement to compensation for this achieved sales targets.
(1.4) Changes to the participation or remuneration conditions of the partner program will be communicated to the affiliate immediately by email and will take effect at the earliest at the beginning of the following working day from midnight.
(2) Integration of advertising materials
(2.1) If the affiliate meets the general conditions of participation of the partner program, he is granted the non-transferable right to use the advertising materials provided by the program operator as part of the DXRACER GERMANY GMBH platform for advertising purposes for the duration of his participation in the partner program . The granting of rights is limited to the specifically intended type of use of the advertising material. It is not permitted to edit an advertising material or use it for purposes other than the intended advertising purposes.
(2.2) The affiliate is solely responsible for the correct technical integration of advertising materials into the affiliate's Internet offering. He is aware that if advertising materials are incorrectly integrated, sales may not be recorded correctly or assigned correctly and therefore cannot be reimbursed. The HTML code provided via the DXRACER GERMANY GMBH platform for the purpose of integrating an advertising material may not be changed. Changes are only permitted if they are absolutely necessary for the integration of an advertising medium into an ad server.
(2.3) The affiliate is solely responsible to the users of its internet offering for compliance with all data protection regulations. He is aware that, from a data protection perspective, the setting of certain cookies can give rise to information requirements and, under certain circumstances, the need for the user's consent.
(3) Prohibited actions
(3.1) The affiliate undertakes to refrain from using advertising materials made available via the DXRACER GERMANY GMBH platform on Internet sites whose content violates applicable law. It is forbidden to integrate it into internet sites in particular,
- the content of which is criminal or unlawful,
- the intellectual property rights of third parties (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility models or designs, name rights, etc.) are violated; This also applies to legal violations through the use of a specific domain name to address the Internet offering,
- that bear the symbols of unconstitutional organizations,
- that have pornographic or juvenile content (excluded from advertising material from partner programs in the erotic category)
- that violate good morals,
- that contain discriminatory statements or representations based on race, gender, religion, nationality, disability, sexual orientation or age.
(3.3) The manipulation of the DXRACER GERMANY GMBH system using technical devices or other means with the aim of fraudulently claiming compensation is prohibited. In particular, it is forbidden
- the generation of “leads” or “sales” by the affiliate itself, using their own information, false information or information from third parties,
- creating websites or carrying out advertising activities that encourage the customer to take an action without real interest.
(3.5) The affiliate's website must not be designed in a way that could create a risk of confusion with the program operator's website. The affiliate must provide his website with an imprint that complies with the legal provisions, which identifies him as the operator of his offer.
(3.6) The affiliate is only permitted to send advertising by email if this is expressly stated in the special terms and conditions of participation in the partner program. Even in these cases, however, the affiliate undertakes to refrain from sending advertising by email to addressees who have not previously expressly and verifiably consented to the sending of emails with advertising content.
(4) Affiliate compensation
(4.1) If specified sales targets are achieved, the affiliate is entitled to performance-related remuneration. This amounts to 4% of the net sales value of the goods.
(4.2) The affiliate's services subject to remuneration are recorded and payment is processed via the DXRACER GERMANY GMBH platform. Remuneration earned by the affiliate and released by the program operator will be credited to the affiliate on an internal transaction account managed by DXRACER GERMANY GMBH for the affiliate. A credit note requires that the transaction account has sufficient funds. No interest will be charged on the balance on the affiliate's transaction account.
(4.3) Billing is carried out using the credit method. If the affiliate's transaction account has a credit balance of at least EUR 50 at the end of a month, the affiliate can register the transfer of the credit amount to the bank account specified by him by the 10th of the following month. A corresponding function is available to the affiliate in the password-protected user area for this purpose. After registration, DXRACER GERMANY GMBH creates a credit note in favor of the affiliate and transfers the credit to the affiliate's specified bank account on the 15th of the following month.
(4.4) The credit will be paid out to tax residents plus sales tax if the affiliate is subject to sales tax and has previously provided proof of sales tax liability with appropriate documents by fax or email.
(5) Liability of the affiliate
(5.1) The affiliate is aware that in the event of impermissible actions in accordance with Section 3, there is a risk that the program operator and/or DXRACER GERMANY GMBH will also be held liable by third parties for legal violations caused by this. If the affiliate has caused a legal violation and DXRACER GERMANY GMBH is being held liable by a third party or the program operator due to this legal violation and the fact that the affiliate has integrated the program operator's advertising materials made available via the DXRACER GERMANY GMBH platform into its offer, The affiliate releases DXRACER GERMANY GMBH from all claims asserted by the third party or the program operator if it has culpably breached its obligations in accordance with Section 3. The exemption also applies to all necessary costs that DXRACER GERMANY GMBH incurs through appropriate legal defense.
(5.2) Support for the affiliate. In the event of a legal dispute against program operators or other third parties, DXRACER GERMANY GMBH is authorized by the affiliate to conduct litigation and may conduct this in its own name and at its own expense. In this case, the affiliate assigns its claims to DXRACER GERMANY GMBH.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. The legal regulations, if available, take the place of the ineffective points. However, if this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.
DXRacer Germany, June 2019