General Terms and Conditions (GTC) of Kraftwerk GmbH & Co. KG

(for online purchases)
Version from January 1st, 2023

§ 1 Scope; Definitions of terms

1. The following General Terms and Conditions (GTC) apply to all services we provide to merchants, legal entities under public law, special funds under public law (non-consumers) and consumers. If individual clauses only apply to consumers or non-consumers, this is worded accordingly.

2. German law applies exclusively, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law. However, we reserve the right not to enter into contractual relationships with buyers who are not subject to German law.

3. “Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).

4. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 BGB).

5. You can access these terms and conditions, i.e. download and save them. To do this, click on this link: Download Terms and Conditions

§ 2 Conclusion of a contract, storage of the contract text

1. The following regulations regarding the conclusion of the contract apply to orders via our internet shop http://www. kraftwerk . Separate regulations apply to services in our company.

2. If the contract is concluded, the contract comes with it

Kraftwerk GmbH & Co. KG
(personally liable partner: Gleis Verwaltungs GmbH, represented by Steffen Gleis)

Industriestr. 2
D-36088 Hünfeld

accomplished.

4. The promotion of services and goods by us does not constitute an offer in the legal sense. By placing your order, you are making a binding offer to us to conclude a contract with you. First, you will receive a confirmation of receipt of your order by email to the email address you provided (order confirmation). This only serves to fulfill a legal obligation and does not constitute a declaration of acceptance. Acceptance of your offer takes place by sending you an order confirmation by email or post or by delivering the ordered goods.

5. When an order is received in our online shop, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop.

The order takes place in the following steps:

1) Select the desired goods
2) Confirm by clicking the “Order” button
3) Check the information in the shopping cart
4) Press the “Checkout” button
5) Register in the online shop after registering and entering your registration details (email address and Password). Alternatively, you can also order without registering. To do this, you must enter the billing and delivery address details manually.
6) Re-checking or correcting the respective data entered.
7) Confirmation of acknowledgment of the data protection declaration, the general terms and conditions and the information on the right of withdrawal
8) Binding dispatch of the order

Before the order is bindingly sent, the consumer can go back to the website on which the customer's information is recorded and correct input errors by pressing the "Back" button in the Internet browser he is using and after checking his details Closing the internet browser will cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email (confirmation of receipt). This does not constitute acceptance of the offer. The offer is accepted by sending an order confirmation to you by email or post or, at the latest, by delivering the ordered goods.

6. Storage of order data via our online shop

We store the order data as permitted by law, as formulated in our data protection declaration. We will also send you a confirmation of receipt of your order and an order confirmation with all information to the email address you provided. You can read the terms and conditions at any time at http://www. kraftwerk -shop.cc/general-business-conditions.
You can view your past orders in our customer area under My Account –> My Orders. For the legal basis for data storage and your rights, see the data protection declaration.

§ 3 Prices, shipping costs, payment, due date

1. The prices shown are in euros. When shipping to customers with billing and delivery addresses in the Federal Republic of Germany, prices include statutory sales tax and other price components such as packaging costs. In addition, there are any shipping costs including sales tax, which are automatically calculated and communicated to the customer in the checkout area of the online shop before a contract is concluded. You will not incur any further costs.

2. No sales tax is due for deliveries to another country in the European Union (“intra-community delivery”) if the customer is an entrepreneur and has provided a sales tax number. For consumers, the prices include sales tax of 19%, which is not shown on the invoice. No sales tax is due for deliveries to a country outside the European Union (“third country”). In any case, shipping costs may apply, which cannot be calculated in advance due to the special nature of international shipping, but must be calculated individually. If you do not agree with the individually calculated shipping costs, the order is not binding - regardless of any right of withdrawal.

3. Payment can be made either in advance by bank transfer, by instant bank transfer, by credit card payment or by giropay or paydirekt. If you choose the payment method in advance, we will also provide you with the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.

4. You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is due and arises from the same legal relationship on which your obligation is based.

5. If payment is not made within 10 days using the “advance payment” payment method, we reserve the right to cancel the order without further notice.

§ 4 Delivery

1. Unless otherwise agreed, the goods will be delivered from our inventory. The delivery time is up to 5 days. We will point out any different delivery times on the respective product page.

2. We are – even in the case of a so-called generic debt – only obliged to deliver from our stock of goods (“stock debt”). We do not assume the risk of having to procure goods you have ordered from a supplier or on the open market (procurement risk). The prerequisite for exemption from the delivery obligation is that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediately.

2. If we nevertheless undertake to procure the goods you require, the delivery times stated by us are non-binding. The delivery date stated when the contract was concluded is only an estimate and may be exceeded by 6 weeks without causing delay. If you then demand performance within a reasonable period of time, we will be in default after the deadline has expired. Claims for compensation and compensation for other damage caused by delay are excluded unless the late delivery is due to intent or gross negligence on our part.

3. If the consumer has chosen to pay in advance, we will not ship the goods before payment has been received.

§ 5 Retention of title

If, in exceptional cases, the goods are sent to you before the consideration has been paid, we reserve ownership of the goods until the purchase price has been paid in full.

§ 6 Assumption of risk during shipping

1. Goods purchased in the online shop are shipped via a suitable external shipping service provider (e.g. parcel service, freight carrier). The buyer, who is not a consumer within the meaning of § 13 BGB, bears the risk of accidental loss and accidental deterioration (so-called transport risk) as soon as the goods have been handed over to the transport company. Any claims the buyer may have against the carrier are not subject to these General Terms and Conditions. Claims against the seller according to the principles of third-party liquidation remain unaffected.

2. If the buyer is a consumer within the meaning of § 13 BGB, the transfer of risk only occurs when the goods are handed over to the buyer or the authorized recipient (§ 446 sentence 1 BGB). The seller bears the shipping risk of accidental loss and accidental deterioration. When purchasing consumer goods, goods are also returned at the seller's risk due to a statutory right of withdrawal or revocation.

§ 7. Buyer’s rights based on defects; Liability of the seller for material defects

1. If the buyer is a consumer, he is entitled to the statutory defect rights. In accordance with legal regulations, these expire two years from delivery of the purchased item. However, claims for damages are excluded, except for damages resulting from injury to life, body or health that are based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user. The aforementioned exclusion of liability does not apply to other damages that are based on a grossly negligent breach of duty by the user or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user.

2. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, a limitation period of one applies to new items, in deviation from Section 1 Sentence 2 year from delivery of the purchased item. If the buyer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and report defects in accordance with Section 377 of the German Commercial Code (HGB). If the buyer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved. When purchasing used items, warranty rights are excluded.

3. If the seller is liable for damages due to legal provisions, the shortening of the statute of limitations and the exclusion of liability mentioned in Section 2 do not apply with regard to damages resulting from injury to life, body or health that are due to a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user. The aforementioned exclusion of liability does not apply to other damages that are based on a grossly negligent breach of duty by the user or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user.

4. If the seller has given a quality and/or durability guarantee with regard to the goods or parts thereof, he is also liable within the scope of this guarantee. However, he is only liable for damage that is due to a lack of guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee. A reference by the seller to a possible manufacturer's guarantee is not a guarantee of quality and/or durability on the part of the seller.

5. The above liability exclusions and limitations do not apply to damage caused by a breach of cardinal obligations. Cardinal obligations are essential contractual obligations, i.e. those obligations whose violation would jeopardize the purpose of the contract and on whose fulfillment you as a contractual partner can therefore justifiably rely, such as compliance with the delivery deadline, the obligation to deliver free of material defects, advice, protection and care obligations, which you as The contractual partner is intended to enable the contractual use of the delivery item or to protect the property, life and limb of you or your staff from significant damage. We are not liable for damages based on simple negligent violation of non-essential contractual obligations.

6. Without prejudice to the above provisions, the seller's liability remains unaffected in the event of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act. In these cases, the seller is liable in accordance with the statutory provisions.

7. If, in the case of new vehicles, the factory warranty or additional warranty granted by the vehicle manufacturer or a third party is no longer applicable due to the installation of accessories, we as the seller will only assume the aforementioned guarantees under separately stated warranty conditions for an additional charge and in a separate written agreement.

8. If the defect rights exist, the buyer can assert claims for material defects based on the purchase contract for the parts installed to eliminate defects until the expiry of the limitation period for the purchased item.

9. If the contract is a consumer contract for digital products, the defect rights are based on the statutory provisions. There is no obligation on the part of the entrepreneur to permanently provide digital products in accordance with Section 327e Paragraph 1 Sentence 3 of the German Civil Code (BGB) beyond the point at which they are made available. The obligation to provide updates during the relevant period that are necessary to maintain the conformity of the Digital Product remains unaffected.

10. In the event that a defect in a consumer goods purchase contract becomes apparent within the limitation period, in accordance with Section 475e Paragraph 3 of the German Civil Code (BGB), the limitation period does not occur before four months after the time at which the defect first becomes apparent. In the event of a breach of the obligation to update the digital elements in accordance with Section 475b Paragraph 3 or 4 BGB, associated claims do not expire before twelve months after the end of the period of the obligation to update (Section 475e Paragraph 2 BGB). Unless the warranty is excluded, when selling a used item, the seller is only liable for defects that have become apparent within one year of delivery of the item (Section 476 Para. 2 Sentence 1 BGB, Section 309 No. 8 b) ff ) Var. 2 BGB). A permanent provision for the digital elements is expressly not agreed. Non-consumers are not eligible for updates. The statute of limitations for consumption rights in the event of defects in a digital product expires in accordance with Section 327j of the German Civil Code (BGB).

§ 8 Parts deposit / parts in exchange

1. If the delivery of an item is intended as an exchange, we charge a parts deposit in accordance with the item description. We will refund this parts deposit if the corresponding original part is returned to us in perfect technical and optical condition within 7 days of delivery of the item. Any shipping costs are borne by the buyer.

2. If the relevant part is not returned to us on time, is defective or is in an unacceptable condition, we reserve the right to claim damages.

§ 9 Performance information for products with performance-enhancing measures

The buyer is aware that the performance information is based on experience and values based on a new vehicle with low mileage, in standard condition and which correspond to the average of the manufacturer's standard and the series version in all essential functions. The seller expressly states that performance results may vary depending on the condition of the vehicle, modifications and mileage. The seller is unable to assess the vehicle by shipping the goods to the buyer. An exact performance promise cannot therefore be made for vehicles that have not been inspected and tested by us and is therefore not part of the contract.

§ 10 Programming of control devices

Each software is developed specifically for the customer and tailored to the respective control unit in the customer vehicle. If the customer sends a control unit with the order to carry out performance-enhancing programming, he is aware that the performance information is based on experience and values based on a new vehicle with low mileage, in standard condition and which corresponds to the average in all essential functions correspond to the manufacturer's standard and the series version. The entrepreneur expressly declares that performance results may vary depending on the condition of the vehicle, modifications and mileage.

§ 11 Liability

1. The seller is also liable beyond §§ 7-10 for intent and gross negligence as well as in accordance with the Product Liability Act.

2. Liability for damages resulting from injury to life, body and health of persons is limited to intent and negligence.

3. Furthermore, the seller is liable outside of § 7 in the event of slight negligence only in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the buyer can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to the benefit of the seller's vicarious agents.

4. In the event of a breach of duty for which the seller is responsible and does not result from a defect in the purchased item or work, the liability exclusions or limitations mentioned do not apply to the buyer's or customer's right to withdraw from the contract.

5. If assembly or installation is to be carried out by the seller, the seller is not liable if the assembly or installation has been carried out properly. If assembly or installation is to be carried out by the buyer, the seller is only liable if the assembly or installation by the buyer is based on incorrect instructions provided by the seller and has been carried out properly. The same applies if the assembly or installation has been carried out properly However, this is neither due to improper assembly by the seller nor to a defect in the instructions provided by the seller. The purchaser is aware that the use and use of a component that increases performance can lead to the general operating license expiring and therefore the vehicle may not be used on public roads. The seller assumes no liability for damage that occurs on public roads if components to increase performance were installed in the vehicle. Likewise, the seller is not liable for direct or indirect damage to the engine or entire vehicle that may arise as a result of these components. The limitation of liability does not apply to intent and gross negligence. Liability in accordance with the Product Liability Act also remains unaffected.

6. The sale of “tuning parts” and the implementation of “performance-enhancing measures” take place - unless otherwise stated for the specific product - exclusively for motorsport purposes. The customer acknowledges that if “tuning parts” purchased from us are installed and used or if we carry out performance improvements, the operating license of the vehicle may expire and participation on public roads is not permitted in this case. An entry of the parts in the customer's vehicle documents in order to restore the operating license can only be done via an individual acceptance in accordance with Section 19 III, IV, Section 21 StVZO and is not part of the offer. The buyer is responsible for having all modifications - if necessary - recorded in the vehicle documents in order to continue to retain the operating license. In particular, he is responsible for finding out whether a TÜV inspection can take place. The customer places the order with knowledge of these instructions.

§ 12 Right of withdrawal for consumers

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any 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

a) have or have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered in a single manner;

b) have or have taken possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately;

c) have or have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;

d) have or have taken possession of the first goods, provided that goods are delivered as part of an order for the regular delivery of goods over a specified period of time.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

The revocation must be sent to:

Kraftwerk GmbH & Co. KG
Industriestr. 2
D-36088 Hünfeld

Tel.: 06652-1828678
Fax.: 06652-985249
Email: info@ kraftwerk -shop.cc

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us 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 use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the deadline expires. You bear the direct 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 something other than what is necessary to check the nature, characteristics and functioning of the goods.

The following are excluded from the right of withdrawal:

Goods that are manufactured according to customer specifications or are clearly tailored to personal needs, software, provided that the data carriers/devices supplied have been unsealed by the consumer and programming devices that have been connected to a vehicle.

The right of withdrawal applies exclusively to consumers. Non-consumers are excluded from this regulation.

§ 13 Alternative dispute resolution

In accordance with Article 14 of EU Regulation 524/2013, we are obliged to inform customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) about the possibility of “online resolution of consumer disputes” (OS platform) provided by the EU Commission. We are also obliged to provide you with the following link to the OS platform: http://ec.europa.eu/consumers/odr . We will endeavor to resolve any disagreements arising from our contract amicably, but are neither obliged nor willing to take part in the dispute resolution process.

Our email address is: info@ kraftwerk -shop.cc.

§ 14 Contract language

The only contractual language available is German.

§ 15 Place of performance and place of jurisdiction

If the buyer is a merchant, a legal entity under public law or a special fund under public law, the seller's place of business is the place of performance and jurisdiction for all disputes. For consumers, the place of jurisdiction is based on the statutory provisions.

§ 16 Severability clause

If one of these provisions is or becomes completely or partially legally invalid, the remaining provisions will not be affected. The provision in question must be interpreted in the way that comes closest to the will of the parties in a legally effective manner.