Business-to-Customer (B2C)

1. Validity
   
   1.1. Subject to deviating written agreements in individual cases contracts on the purchase of movable objects (hereinafter referred to as: goods) as well as of services and works with alpha Racing GmbH & Co.KG (hereinafter referred to as: aR) and consumers in terms of the German Civil Code (BGB) (every natural person concluding a legal transaction for purposes which can mainly be attributed neither to its commercial nor to its independent professional activity, § 13 BGB) shall only be made in accordance with the subsequent General Terms and Conditions (hereinafter referred to as: GTC) in the version valid at the time of contract conclusion. For contracts with business clients (§ 14 BGB) the deviating GTC of aR (https://en.alpharacing.com/customer-care/general-terms-conditions/business-to-business-b2b/) shall apply.
   
   1.2. Upon sending an order for goods or services and works, the customer agrees to the validity of these GTC. Contrary or deviating GTC of the customer shall only be valid for aR, if aR accepted them explicitly in written form.
   
   1.3. aR reserves the right to change the applicable GTC at any time. All changes to the GTC shall apply without exception only to new contracts concluded on the website of aR after the publication of the changes. Customers have to examine the GTC published on the website before sending an order – they might have changed since they last visited the website.
   
   1.4. Customers may print out, download and/or save the GTC (https://en.alpharacing.com/customer-care/general-terms-conditions/business-to-consumer-b2c/).
   
   1.5. aR does not conclude contracts with minors. The minimum age for contracts with aR is the age of 18 of the relevant customer.
   1.6. Any references to the validity of statutory regulations shall only be for the purposes of clarification. Even without such a clarification, the statutory provisions shall therefore apply as far as they are not directly changed or explicitly excluded in these GTC.
   
   
2. Registration
   
   2.1. aR operates an online shop on the homepage www.alpharacing.com. For buying goods in this online shop of aR a prior registration of the relevant customer is required. Within the scope of this registration a user account with a user name and password chosen by the customer will be established. This user name cannot be chosen and used by several customers. The customer is not entitled to a specific user name.
   
   2.2. The customer is obligated to make correct and true statements in the registration.
   
   2.3. A precondition for registration is the age of 18 of the customer at the time of registration.
   
   2.4. After sending the registration, the relevant customer will receive a confirmation of the registration to the email address named. The customer has to take care that the email address given in the course of the registration is correct and that he has access to the email address stated.
   
   2.5. The user account is individual-related for the registered customer and cannot be transferred. The access and/or login data for using the homepage named must be kept secret.
   
   
3. Order Process of Goods
   
   3.1. The presentation of goods in the online shop of aR and/or other media, either in electronic or paper form (e.g. flyers, brochures) shall not constitute a binding offer for the conclusion of a purchase contract on the part of aR, but only an invitation to submit an offer of the customer. Drawings, figures, descriptions, dimensions, weights or other performance data (such as speeds) are only binding if this is explicitly agreed in written form and individually.
   
   3.2 Acceptable technical and design deviations from details given in the online shop, brochures, catalogues and other documents such as model-, design and material changes in the course of technical progress and further development remain reserved without the possibility to derive rights against aR, in particular as far as orders from the fields of engine technology, braking system, chassis and exhaust technology are concerned which depend on vehicle-specific data.
   
   3.3. aR is at any time entitled to change the product range shown in the online shop of aR and/or in other media, no rights against aR can be derived therefrom.
   
   3.4. In the online shop of aR the customer may at first put the goods listed there without obligation into the shopping cart and correct his inputs at any time prior to sending his binding order by using the correction help provided and explained in the course of the order process. The offer to conclude a purchase contract will be made by the relevant customer. This is done by clicking the button “SUBMIT ORDER” in the final step of the order process of the goods in the shopping cart. Prior to the conclusion of the order process the customer will be shown a confirmation page with the details of his order. On the confirmation page the customer may again check and correct his inputs regarding his offer prior to clicking the button “SUBMIT ORDER”. After sending the order the customer will receive a confirmation via email (order confirmation), however this shall not be considered as acceptance of his offer.
   
   3.5. The customer is free to order goods at aR also outside the online shop. It is requested to submit the order in written form. Even when ordering outside the online shop, the present general terms and conditions shall apply.
   
   3.6. aR is at any time entitled to check an order or to decline it without giving reasons and excluding any liability. If aR does not confirm an order in written form within 10 working days, it is to be considered as declined.
   
   3.7. The contract conclusion is made at the time when aR accepts the offer of the customer. This occurs either by sending the goods or by sending an acceptance statement in which aR expressly states that a purchase contract will be concluded. This acceptance statement shall be sent to the customer by e-mail, letter or telefax at the discretion of aR. The acceptance statement must not be mistaken for the confirmation of a customer order (see paragraph 3.4). This also applies if the customer has already paid or authorized payment prior to contract conclusion due to the payment type chosen. If aR in this case cannot accept the order of the customer for once, as the goods are not available or the contract cannot be concluded for other reasons, aR shall reimburse the advance payment.
   
   3.8. The purchase contract is concluded with aR.
   
   3.9. The order and the order data put in by the customer are saved in accordance with the data protection provisions and may be requested from aR. In the order confirmation the order data are transmitted to the email address given by the customer.
   
   
4. Order Process of Service and Work Performance
   
   4.1. After prior written agreement aR provides services for motorcycles and vehicle parts (hereinafter referred to as: subject of the order), such as repair jobs, complete assembly of motorcycles, development services, support during motorcycle racing (see paragraph 5) as well as further service and work performance.
   
   4.2. Contracts between aR and the customer for services and works are concluded after sending a written offer of aR which is accepted in writing by the customer.
   4.3. Place of fulfillment of services and works is the business seat of aR unless otherwise agreed.
   
   4.4. At the date agreed the customer takes the motorcycle and/or the vehicle parts on his own costs and risks to the place of fulfillment. If the customer wishes that the subject of the order is collected or delivered, this is done for his account and risk. The liability in case of aR’s fault shall remain unaffected.
   
   4.5. The customer authorizes aR explicitly to carry out test drives as well as transfer travels with the subject of the order.
   
   4.6. If required the subject of the order will be updated to the current software version by aR, e.g. as regards to engine electronics or the digital display in the cockpit of a motorcycle. As far as technically feasible, vehicle data will be saved in a temporarily encoded way. Irrespective of this it is urgently recommended to the customer to save data and individual settings in the vehicle in accordance with the operating manual to prevent data loss. A software update may also result in a design modification of functions.
   
   4.7. If nothing else has been agreed in written form during order placement, replaced or exchanged parts, whether new or used will become the property of aR.
   
   
5. Special Provisions for Support during Motorcycle Races or other Motorcycle Events
   
   5.1. After prior written agreement aR supports the customer, in particular race teams in case of technical questions (technical support) in connection with motorcycle racings. Within the scope of this agreement motorcycle races are events where the relevant driver alone and/or with several participants move motorcycles for reaching as high as possible speeds and/or best times on appropriate tracks, irrespective of the length of the distance driven.
   
   5.2. aR points out that the relevant driver when taking part in a motorcycle racing exposes himself to dangers to life and limb and endangers the intactness of the motorcycle and exposes himself in this situation consciously to an imminent self-risk.
   
   5.3. aR does not take any liability for the risks and dangers involved in racing and in particular in reaching as high as possible speeds and/or best times.
   
   5.4. When using a motorcycle on a race track, in particular when taking part in a motorcycle race, the relevant driver is always solely responsible for his own health and physical integrity as well as for the intactness of the motorcycle used.
   
   5.5. Prior to every drive start the driver has to check the motorcycle, i.e. all components for its functionality and its settings on his own responsibility. aR only supports without taking any liability. The final check prior to driving always has to be made by the relevant driver and not by aR.
   
   5.6. In case motorcycle racings and/or other events cannot take place for reasons of the Corona pandemic or for other reasons for which aR is not responsible, aR shall not be liable. If statutory provisions and/or administrative orders, in particular entry requirements of the relevant country, prevent the arrival of staff or agents of aR to the motorcycle races, aR is not responsible. Payment claims of aR shall also remain unaffected hereby.
   
   5.7. If the customer himself is not the driver, he has to inform the relevant driver prior to race start of the dangers and risks of motorcycle races as well as of the limitations of liability of this agreement, if possible in written form.
   
   
6. Prices and Payment Terms
   
   6.1. The prices listed at the time of the order in the online shop of aR shall apply. The prices stated are final consumer prices including the relevant German statutory value-added tax. The prices stated in the online shop of aR do not include delivery costs, customs duties or sales taxes levied in the recipient country.
   
   6.2. Unless otherwise agreed in writing, the payment claims of aR from the contract concluded are immediately due for payment.
   
   6.3. aR reserves the right to change the prices of the goods shown in the online shop and/or on other media at any time. In particular aR reserves the right to change, limit or terminate possible special offers or price discounts at any time.
   
   6.4. The means of payment accepted by aR are stated at the start of the order process in the online shop. aR reserves the right not to offer certain payment methods. In general the customer has the following payment possibilities, unless otherwise provided in individual cases:
   - Credit card
   - Advance payment
   - PayPal
   
   6.5. In case of a purchase by credit card, the credit card account given by the customer will be debited upon dispatch of the order confirmation by aR.
   
   6.6. If the customer choses the advance payment method, aR will state the bank account and the reference number of aR in the acceptance statement. The invoice amount shall be transferred to the bank account stated within 10 days after receipt of the order confirmation at the latest. aR will reserve the goods ordered for the customer up to 10 days after sending the order confirmation. The customer shall state the reference number of aR as reason for transfer in the relevant bank transfer, otherwise an allocation of the payment cannot be guaranteed. After the invoice amount has been credited to our account the order will be prepared for delivery by aR and sent to the delivery address stated by the customer.
   
   6.7. In case of payment via PayPal the customer will be redirected to the website of the online provider PayPal during the order process. For paying the invoice amount via PayPal, the customer has to be registered there and/or he has to register first, legitimize with his access data and confirm the payment order to aR. After placing the order in the online shop aR requests PayPal to start the payment transaction. The customer gets further information during the order process.
   
   6.8. If the customer does not have one of the payment options listed, he is free to contact aR: sales@alpharacing.com. aR will try to make an individual agreement with the customer. Please understand that aR can only grant other payment options in exceptional cases, such as „purchase on account“ - there is no entitlement to this. In case of a purchase on account, the invoice and the delivery address must be identical. In case of a transfer the customer always has to give the reference number of aR as reason for transfer. Only in this case can aR definitely allocate the payment. The customer will receive an invoice which is due for payment without any deduction within a period of time given by aR. If the customer does not pay the invoice when it becomes due at the latest, he is in default even without a special reminder, unless the payment is withheld due to a circumstance he is not responsible for.
   6.9. By ordering the customer agrees to receive invoices and credit vouchers only in electronic form.
   
   
7. Default of Payment
   
   7.1. In case of a default of payment of the customer aR is entitled to invoice default interests at the statutory rate (§ 288 German Civil Code BGB). In individual cases aR may request a higher interest rate, if aR can prove a higher damage.
   
   7.2. aR is entitled to withhold or stop services not yet performed from the occurrence of the default up to full payment.
   
   7.3. If the customer does not meet his payment obligation by the due date at the latest, aR may either terminate the contract or suspend further deliveries to the customer as they chose without prejudice to any other right or claim available.
   
   7.4. aR also reserves the right to charge reminder fees.
   
   7.5. If it becomes obvious after contract conclusion (e.g. by an application for the opening of an insolvency proceeding) that the purchase price claim of aR is endangered due to the customer’s inability to pay, we are then entitled - in accordance with the statutory provisions - to refuse service and - if necessary after setting a time limit - to withdraw from the contract (§ 321 German Civil Code-BGB). In case of contracts on the production of single items (custom-built products) aR can immediately withdraw from the contact, the statutory provisions on the dispensability of setting a time limit shall remain unaffected.
   
   
8. Set-Off and Right of Retention of the Customer
   
   8.1. The customer can only offset against claims of aR, if the counterclaim of the customer is uncontested or has been finally established by a court decision. Counterclaims of the customer from the same contractual relationship are excluded.
   
   8.2. The customer can only assert a right of retention if the counterclaim is based on the same contractual relationship and is undisputed or has been finally established by a court decision.
   
   
9. Delivery and Delivery Terms
   
   9.1. Deliveries will be made ex registered office of the company.
   
   9.2. Unless otherwise agreed in individual cases, aR shall determine the adequate type of delivery and the transport company according to reasonable discretion. After prior written consent of aR a collection of the goods is usually possible.
   
   9.3. The prices of the goods shown in the online shop do not include delivery costs. They will be invoiced separately to the customer. The total price composed of the price of the goods and the delivery costs will be shown to the customer before he is requested to select the button “SUBMIT ORDER”.
   
   9.4. For deliveries to destinations into other countries than Germany, especially into countries outside the European Union, additional custom duties for the customer may incur. The prices in the online shop of aR do not include custom duties or sales taxes levied in the recipient country. If the customer wishes delivery of the goods ordered to another country than Germany, in particular to a country outside the European Union, then the customer is responsible for the customs clearance, also for other duties and taxes which might arise. If the customer himself does not arrange the transport of the goods by a carrier, aR shall only be responsible for the export declaration, payable by the customer, insofar as such a declaration is required in individual cases. aR shall not take any responsibility for successful customs clearance and does not bear the relevant costs, unless otherwise agreed in writing in individual cases.
   
   9.5. Packaging costs for goods deliveries are included in the delivery costs. In case delivery costs are listed on the homepage of aR (www.alpharacing.com), this information is not binding. The actual delivery costs may differ in individual cases.
   
   9.6. The disposal of packaging after delivery of the goods shall be paid by the customer. In case there are special provisions for the disposal of certain materials at the place of delivery, the customer shall observe them. The disposal of consumables and packaging material when providing support at motorcycle races and other motorcycle events (see paragraph 5) has to be carried out by the customer at his expense and in accordance with the relevant local provisions. aR does not take any liability for the correct disposal by the customer.
   
   9.7. If for technical or logistic reasons, e.g. in case the order includes articles which have to be packed separately or transported differently, a separate delivery should be required, aR reserves such a delivery.
   
   9.8. aR endeavours to process and dispatch all incoming orders promptly. Information as to delivery dates are not binding and subject to unforeseen circumstances and hindrances, irrespective of whether they occur at aR, at a service provider and/or sub-supplier commissioned, in particular in case of force majeure, state measures especially according to the Infection Protection Law (IfSG) or a comparable foreign statutory provision, if official permissions are not granted, in case of labor disputes of any kind, sabotage, shortage of raw materials, delayed material deliveries without one’s fault. Such events prolong the delivery and/or performance date accordingly, i.e. even if they occur during a delay of aR which has already occurred. In this case a possible grace period fixed by the customer will be prolonged by the duration of the unforeseen event. aR must not pay damages in such events, in particular there is no obligation of aR to provide a replacement vehicle or to reimburse costs for the actual utilization of a rented vehicle. However, aR is obligated to inform the customer on delays as far as possible and reasonable. If such events result in a performance delay of more than two months, the customer may withdraw from the contract – irrespective of other withdrawal and cancellation rights.
   
   9.9. Special delivery wishes (e.g. overnight, express delivery etc.) shall be fulfilled if possible, for an additional charge. However, a claim of the customer for a special type of delivery in individual cases does not exist.
   
   9.10. Delivery will be made to the delivery address stated by the customer. Deliveries will only be made to persons who have reached the age of majority. The customer confirms that every person named in the delivery address is entitled to accept the shipment.
   
   9.11. The risk of loss or damage of the goods ordered passes to the customer at the time of delivery according to paragraph 9.10 (passing of the risk). However, if the customer is responsible for the shipment of the goods, delivery including the passing of the risk to the customer takes place in the moment in which the goods are handed over to the carrier, irrespective of possible claims of the customer against the carrier. If the customer takes over the shipment, he is also responsible for customs clearance and for other charges and taxes in this context, as these are normally part of the services of the carrier.
   
   9.12. In case aR has stated a delivery time in individual cases and the delivery cannot be kept for reasons for which the customer is responsible, the customer may be charged an adequate fee for a new delivery at a new delivery time/date which will then be agreed between aR and the customer in written form.
   
   9.13. If aR does not succeed in contacting the customer to agree on a delivery date, aR may grant the customer a time limit of 30 days in which a delivery attempt will be made. Subject to the right to revoke the purchase according to paragraph 17 below, if the customer does not take delivery within this time limit, aR may also withdraw from the purchase contract and charge the customer for all costs of delivery as well as other damage occurred.
   
   9.14. If a delivery time has been agreed between aR and the customer, the occurrence of a delay in delivery is defined according to the statutory provisions. However a written reminder by the customer is required in any case.
   
   9.15. The rights of the customer according to paragraph 14 of these GTC and the statutory rights of aR, in particular in case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or supplementary fulfillment) shall remain unaffected by above provisions in paragraph 9.
   
   
10. Reservation of Proprietary Rights
    
    The goods delivered shall remain the property of aR until the customer has fully paid all outstanding amounts to aR. This also includes the payment from former or later deliveries or partial deliveries. The customer must not sell or encumber the goods before they have not become his property. In case of effected or imminent seizures, confiscation or other encumbrance, the customer has to inform aR immediately in written form.
    
    
11. Receipt and/or Acceptance
    
    11.1. The customer is obligated to accept the goods and/or if shipment of the object of the order has not been agreed, he has to collect the goods within one week after receipt of the notification of completion and submission and/or delivery of the invoice. In case of a non-acceptance of the object of the order aR may exercise its statutory and contractual rights. For services performed by aR within one working day, the above named time limit is reduced to 2 working days.
    
    11.2. In case of default in acceptance aR may charge the customary storage fee. Costs and risks of storage shall be borne by the customer.
    
    
12. Obligation of Inspection and Notification of Defects
    
    If goods with obvious transport damages are delivered, the customer is asked to report these defects immediately to the deliverer and inform aR immediately in writing. If such a complaint is not made at the deliverer and aR is not contacted, this does not result in any effects as to the statutory claims of the customer and its assertion, in particular the warranty rights.
    
    
13. Liability for Defects
    
    13.1. Possible slight optical deviations and/or other variations in the goods as compared to the presentation in the online shop or other media are possibly due to different picture recordings, display technologies or other technical reasons. aR is not liable for these variations and deviations.
    
    13.2. Insofar as the goods are race sport parts, performance-tuning parts and accessories used for reaching maximum speeds and/or are used in race sport, a liability for defects is excluded.
    
    13.3. If other goods purchased at aR are defective, aR shall provide supplementary performance at buyer’s option, by free replacement delivery, repair or reimbursement of the expenses required for defect remedy. According to § 439 paragraph 4 German Civil Code BGB aR may refuse the type of supplementary performance chosen by the buyer. The customer has to place the defective goods at the disposal of aR for supplementary performance according to § 439 paragraph 5 German Civil Code BGB.
    
    13.4. aR is entitled to commission third parties to carry out the subsequent remedy of defects.
    
    13.5. A sufficient remedy of defects is given if a contractual use of the delivered item is then possible.
    
    13.6. A precondition for the assertion of warranty claims towards aR is the correct installation of the goods purchased from aR by a certified specialist of the vehicle trade and/or trained specialists.
    
    13.7. The liability for defects includes all production and material defects, however this only applies if they occur in proper use. aR is not liable for damage resulting from the wrong use including care and maintenance products.
    
    13.8. aR is not liable for defects in goods which:
    - come from another source than the online shop of aR and/or have not been dispatched and/or handed over by aR,
    - have been damaged by wrong or inappropriate handling or negligence in terms of § 276 paragraph 2 German Civil Code BGB (e.g. by contact with chemicals, caustic substances, open fire, intense heat or sharp objects).
    
    13.9. The goods of aR are adapted to the original standard setup of the vehicles. The range of use of the goods of aR does not cover an optional special equipment of the vehicle producers and/or accessories of third party providers. If the goods offered by aR cannot be combined with technically modified vehicles, no technical defect of the goods offered is given. aR does not take any liability for the installation and use of goods in vehicles which are not in conformity with the standard setup.
    
    13.10. The useful life of all goods of aR depends on the relevant user, the terms of use and the wear pattern of the individual user. If the goods of aR are worn by normal wear such that it is impossible to use them anymore or the typical useful life of a product is exceeded, no claim for exchange or replacement is given.
    
    
14. Liability
    
    14.1. The installation and the setting of security-relevant vehicle scopes and parts, such as in particular brake components, must only be carried out by a certified specialist company of the vehicle trade and/or appropriately trained staff. In case of incorrect assembly, missing or false ergonomic adaptation or faulty operation (in particular of the brake lever and, if available, the remote adjustment mechanism) this may result in a limited clearance of the brake lever, leading to a reduced braking performance. To ensure full clearance and a sufficient lever stroke of the brake lever, prior to departure (and if required during operation) positioning and adjustment have to be checked. Factors such as the wear of the brake lining or the thermic load during driving (and thus “pressure point wandering”) have to be taken into account. Depending on the combination of the built-in components and external influences component collisions may arise which can result in a reduced braking performance in extreme cases. aR is not liable for this. To preclude such problems, aR offers various products and models. If needed, please contact sales@alpharacing.com.
    
    14.2 aR is liable for damage to life, limb or health, resulting from a willful or negligent neglect of duty of aR, a legal representative of aR or a vicarious agent of aR. This applies in the extent of the statutory obligation of aR for such a liability due to the goods sold and/or the service rendered, i.e. not for damage to life, limb and health the customer suffers due to the use of the goods in the typical race-sport way (see also paragraph 14.7).
    
    14.3. In case of the remaining liability claims aR is liable without limitation only for willfulness or gross negligence of a legal representative or vicarious agent.
    
    14.4. aR is only liable for slight negligence if a duty is violated which is of special importance for reaching the purpose of the contract (cardinal obligation). In case of a slightly negligent violation of a cardinal obligation liability is limited to the fivefold net amount of the goods ordered owed by the customer as well as to such damage which can typically be expected within the scope of contract fulfillment.
    
    14.5. Any liability is limited to the replacement of immediate damage. A liability for indirect damage to people, objects or financial losses, in particular loss of profit, operational downtimes and production downtimes as well as consequential damage is excluded to the extent permitted by law.
    
    14.6. The limitations in the above regulations shall also apply in favor of legal representatives and vicarious agents of aR, if any claims are directly asserted against them.
    
    14.7. aR points out that their goods are exclusively designed for the use in racing on special tracks conceived for this purpose and are to be used only there. The goods of aR - in particular motorcycles - are sold by aR without an approval for use on public roads. If the customer or a third party uses the relevant goods of aR on public roads, aR will not take any responsibility nor liability for damage and/or costs, such as fines or other official warnings.
    
    14.8 aR points out that the relevant driver taking part in a motorcycle race exposes himself to special dangers and risks to life and limb and also endangers the intactness of the motorcycle and consciously enters into a situation of imminent self-risk. When using a motorcycle on a race track, especially when taking part in a race, the relevant driver is always responsible for his own health and physical intactness as well as for the intactness of the motorcycle used. Prior to each driving start, the driver on his own responsibility has to check the motorcycle, i.e. all components for functionality and settings. aR does not take any liability for risks and dangers involved with racing and in particular the reaching of as high speeds as possible and/or best times.
    
    14.9. If the customer is not the driver, he is obligated to inform the driver of this limitation of liability in written form, if possible.
    
    
15. Limitation Period
    
    15.1 The right to claim damages for defects becomes time-barred two years after delivery of the goods purchased at aR has been carried out, unless otherwise agreed in writing in individual cases.
    
    15.2. Claims of the customer for defects on the object of the order (see paragraph 4) shall become time-barred two years after fulfillment of the performance and its acceptance, unless otherwise agreed in writing in individual cases.
    
    15.3. The above regulations do not apply to damage resulting from a grossly negligent or willful violation of duties of aR, its legal representative or its vicarious agent, as well as in case of injury to life, limb and health or for claims due the fraudulent concealment of defects or the absence of a quality for which aR has given a guarantee or for claims according to the product liability law. Here the statutory provision shall remain to be valid.
    
    
16. Copyright Law and Other Property Rights
    
    All contents of the website www.alpharacing.com, including texts, pictures, graphics, audio and video files are - if not explicitly stated otherwise - the property of aR. Without consent these contents protected by copyrights must only be used for private, i.e. not for public or commercial purposes. Downloads, reproductions, modifications, translations and/ or other changes of the content are subject to the prior written consent of aR. The unauthorized use and/or the misuse of all registered trademarks and logos of aR is forbidden. aR points out that a violation of copyright or other property rights may result in civil or penal consequences.
    
    
17. Right of Revocation for Consumers
    
    As consumer in terms of the German Civil Code BGB (any natural person concluding a legal transaction for purposes which can mainly neither be assigned to its commercial nor to its independent professional activity, § 13 BGB) you have a statutory right of revocation. More detailed information can be found in the paragraph Revocation conditions.
    
    REVOCATION CONDITIONS
    You are entitled to revoke this contract within two weeks (14 days) without giving reasons.
    The revocation period is two weeks (14 days) from the day on which you or a third party named by you who is not the carrier, has taken possession of the last goods.
    To exercise the revocation right, you have to inform us (alpha Racing GmbH & Co. KG, Kronstaudener Weg 1, D-83071 Stephanskirchen) in a clear statement (e.g. in a letter sent by mail, via telefax to: 0049 (0) 8036 30313 199 or by email to: sales@alpharacing.com) on your decision to revoke this contract. You may also use the attached sample revocation form, however this is not mandatory.
    
    Sample Revocation Form:
    
    To
    alpha Racing GmbH & Co. KG
    Kronstaudener Weg 1
    D- 83071 Stephanskirchen
    E-Mail: sales@alpharacing.com
    
    I/we (*) herewith revoke the contract concluded by me/us (*) on the purchase of the following goods/the performance of the following service or work: ____________________ (designation of goods, designation of work/service).
    Ordered on: ____________________ (date)
    
    Received on: ____________________ (date)
    
    Name of the consumer(s): ____________________
    
    Address of the consumer(s): ____________________
    
    ____________________
    Signature of the consumer(s) (only if sent on paper)
    ____________________
    (Date)
    (*) Delete as applicable.
    
    
    The timely dispatch of the revocation before expiration of the revocation period shall be sufficient for exercising the right of revocation.
    
    Consequences of the Revocation
    
    If you revoke this contract, we have to pay back to you all payments which we received from you including the delivery costs (except the additional costs which resulted if you chose another type of delivery than the standard delivery offered by us). This payment has to be made immediately, within 2 weeks (14 days) from the day on which we received the information that you revoke this contract. For refund we will use the same means of payment which you used for the transaction, unless something else has explicitly been agreed with you, in no case will any fees be charged to you due to this refund.
    We can refuse repayment until we have received the goods back or until you provide a proof that you returned the goods, depending on what happens first.
    You have to return or hand over the goods without delay and in any case within two weeks (14 days) at the latest from the day on which you inform us on the revocation of this contract. The deadline is kept if you send the goods before the expiration of the time limit of two weeks (14 days) and if you can submit an adequate proof.
    You shall pay the direct costs for returning the goods.
    You only have to bear a possible loss in value of the goods, if this loss in value is due to the fact that the goods have been handled inappropriately in the course of checking the quality, the properties and functionality.
    
    
    
    Exclusion of the Right of Revocation
    
    The right of revocation does not exist in case of contracts:
    - for the delivery of goods which are not prefabricated and require an individual selection or definition by the consumer for production or if the goods are custom-made for the personal requirements of the consumer (e.g. performance adaptations),
    - for the delivery of sealed goods which are not suitable for return due to reasons of health protection or hygiene, if the sealing had been removed after delivery,
    - for the delivery of goods which have been mixed inseparably with other goods after delivery due to their condition or quality,
    - for the delivery of audios or videos or computer software in a sealed package if the sealing has been removed after delivery.
    
    
18. Batteries and Other Components Subject to Mandatory Waste Disposal
    
    aR points out that in individual cases the regulations of the relevant community have to be observed with regard to the special mandatory waste disposal of possibly integrated components and/or supplied batteries, oils, other lubricants and components.
    
    
19. Final Provisions
    
    19.1. The law of the Federal Republic of Germany shall apply excluding the UN Law on International Sales (CISG), unless opposed by any obligatory international customer protection law. Customers with usual residence in a state neither belonging to the European Union (EU) nor the European Economic Area (EEA) can only be purchasers if they conclude the contract exercising their commercial or independent professional activity. Upon agreeing to these GTC these customers confirm the contract conclusion for the purpose of their commercial or independent professional activity. For contracts with business clients (§ 14 German Civil Code BGB) the different GTC of aR shall apply (https://en.alpharacing.com/customer-care/general-terms-conditions/business-to-business-b2b/).
    
    19.2. Under current legislation aR is obligated to point out to the consumers the existence of the European Online Dispute Resolution Platform which may be used for the settlement of disputes without taking recourse to a court. The European Commission is responsible for the establishment of the platform. You can find the European Online Dispute Resolution Platform here: https://ec.europa.eu/customers/odr/. We are not obligated and not willing to take part in a dispute resolution proceeding at a consumer arbitration board.
    
    
    19.3. Contract language is German.
    
    19.4. For reasons of better legibility the masculin form is used for persons and personal nouns-in these General Terms and Conditions. In order to ensure equal treatment the corresponding terms apply to all sexes. The shortened language is without prejudice. Headlines above the individual paragraphs of the GTC have no regulatory content, they just serve the purpose of clarity.
    
    19.5. Within the scope of these General Terms and Conditions the written form means via letter, fax or in text form (§ 126 b German Civil Code BGB).
    
    19.6. Changes, side-agreements or supplementations have to be in written form to be effective. If this requirement is not fulfilled, then they are null and void. This also applies to a change of this written form clause.
    
    19.7. Should any provision of this contract be ineffective, void or cannot be implemented (invalid provision) for legal or actual reasons, this does not affect the other remaining contractual provisions. Instead of the ineffective provision that effective provision is regarded as wanted and agreed which comes closest to the sense and the purpose of the ineffective provision and the whole contract as well as good faith with regard to the prevailing practice. This applies accordingly in case of a gap in the contract.
    
    19.8. Place of fulfillment is the registered seat of aR. To the extent permitted by law, the exclusive place of jurisdiction of all disputes arising from or in connection with this contract is the court competent for the registered seat of aR.