Terms of Service

Terms of Service (As of September 2019)

§ 1 scope

1. For the business relationship between Rennfeld Automotive, a service of InCarStyle Automotive Germany (hereinafter: Rennfeld), and the customer, the following terms and conditions apply exclusively. 
2. “Customer” means both consumers / private individuals and merchants / legal entities. Differentiations result i.a. also from the following headings.
3. Other terms and conditions of the customer do not apply even if Rennfeld does not contradict them.

 

§ 2 Conclusion of the contract, adjustment and provision of services

1. Rennfeld's offers are non-binding. In addition, insignificant technical changes are always reserved.
2. A written order is a binding offer. A contract is concluded when Rennfeld has confirmed the order or has begun its execution. 
3. Rennfeld reserves the right to take a customer vehicle to be processed to development and cooperation partners using its own axle in order to be able to carry out or terminate customer orders.
4. Production periods are estimated times without any contractual obligation.
5. By accepting the order on the customer's side, the customer unconditionally agrees to the terms of the contract. Special agreements and verbal side agreements only apply if Rennfeld has confirmed them in writing. This also applies to the assurance of properties and guarantees that go beyond the statutory warranty. 
6. Costs that arise from a previously unforeseeable shipment that becomes necessary for the execution of the order must be borne by the customer. 
7. Rennfeld reserves the right to move vehicles to other locations for modifications. This can be done by customer or transport vehicle. Test drives with the customer's vehicle are permitted to test the driving ability and for the purpose of executing the contract.
8. If hidden previous damage to the customer vehicle appears during the execution of the contract, which makes it impossible to execute the order in the agreed manner, Rennfeld is released from its obligation to perform.
9. Rennfeld is entitled to use sub-service providers.
10. For the duration of the business relationship or the existence of mutual claims, the customer must immediately notify any change in his place of residence or his postal address.

 

§ 3 Right of withdrawal and return for consumers

1. If the contract is concluded by means of remote communication, the customer who is a consumer is entitled to a right of revocation, which can only be exercised in writing (letter, fax, email) within 2 weeks of receipt of the complete goods by the customer or a third party named by him can be. Timely cancellation is sufficient to meet the deadline. In the case of recurring deliveries of similar goods, the period begins on the day the first partial delivery is received. The customer has to send the goods back to Rennfeld at his own expense and to pack the opened goods properly.
2. The customer has to pay compensation for using the goods. 
3. The right of revocation does not apply to reduced-price promotional items, individual / custom-made items, second-hand parts and goods that are unsuitable for return due to their nature or that have already been installed by the customer.
4. Rennfeld expenses, such as for production, sales, storage, preparation or armament, the customer will be billed at 20% of the net order value, but at least at EUR 50.00. These costs can be offset against payments made in advance.
5. Vehicle spare parts or accessories requested by the customer and ordered by Rennfeld at the beginning of an order that was terminated prematurely will be charged to the customer.

 

§ 4 delivery

1. Delivery dates and periods are only binding if they have been expressly agreed in writing.
2. Exceeding the agreed delivery dates or deadlines by max. 3 weeks are permissible, provided the customer does not suffer any disadvantages that Rennfeld pointed out in the agreement.
3. Partial deliveries are permitted and can be invoiced separately in advance.
4. In cases of force majeure or other circumstances beyond our control (e.g. material procurement difficulties, operational disruptions, strikes, lockouts, natural disasters), Rennfeld must notify the customer immediately upon becoming aware of them. This extends the delivery period to a corresponding or appropriate extent. If these circumstances last longer than 3 months, the customer can withdraw from the contract after prior written notification to Rennfeld. This does not give rise to any claims for damages by the customer.

 

§ 5 Transfer of Risk / Acceptance

1. In the case of merchants, the risk is transferred when the goods are handed over, in the case of sale by mail order, when the goods are delivered to the forwarding agent or to another person or company appointed to carry out the shipment. 
2. The transfer is the same if the customer is in default of acceptance.
3. If the customer does not comply with the purchase obligation, Rennfeld can withdraw from the contract after a period of grace has expired or demand compensation for non-performance. If Rennfeld claims damages, this amounts to a flat rate of 20% of the agreed order value, unless Rennfeld can prove higher damage. 

 

§ 6 Price / Terms of Payment

1. Prices are subject to change.
2. If the purchase price, shipping, processing or transport costs increase by more than 8% within the delivery period, Rennfeld is entitled to adjust the price accordingly. 
3. Shipments are generally made against prepayment. If consignments are sent against invoice, the invoice amount is due immediately upon receipt without deduction. Bills of exchange or checks are only accepted by special agreement and with the calculation of all collection and discount charges.
4. In the event of default in payment, the consumer will be charged 5%, the merchant 9% default interest above the base rate of the European Central Bank p.a. calculated. The assertion of a higher damage caused by default remains reserved. If the customer is in arrears with a payment in whole or in part for more than 30 days or if an application is made to open insolvency proceedings against his assets, Rennfeld is entitled, without prejudice to other rights, to make all claims against the customer due immediately, all deliveries and withhold services and assert all rights from retention of title.
5. The customer is only entitled to offset if his counterclaims have been legally established, are undisputed or have been recognized by the seller.

 

§ 7 retention of title, right of lien, withdrawal, right of exploitation

1. The goods remain the property of Rennfeld until payment of the full purchase price - in the case of payment by check or bill of exchange until redemption - and all ancillary claims (including default interest). 
2. If Rennfeld has claims against the customer from other legal transactions or for damages, there is a right of lien and retention on the goods until full payment.
3. If there is a retention of title, any change to the detriment of Rennfeld and the transfer to third parties without the written consent of Rennfeld is not permitted. The customer has to insure adequately and the rights from the insurance contract  Rennfeld, otherwise Rennfeld can take out the insurance at the customer's expense.
4. Rennfeld can withdraw from the contract if the customer acts contrary to the contract, in particular if there is a significant delay in payment. Missed expenses that Rennfeld incurs from individual and custom-made products that cannot be sold elsewhere,  has made, the customer has to replace. If the goods are not delivered, Rennfeld can use them in the best possible way and offset the proceeds against the outstanding claims resulting from the non-implementation of the contractual relationship plus a disposal cost of 5% of the disposal proceeds plus VAT. 
5. At the request of the customer, an expert can be called in at his own expense to determine the value of the subject of the contract. 
6. If the delivered goods are destroyed, seized or lost before full payment has been made, the customer must notify Rennfeld immediately. If third parties intend to seize, the customer must inform them of Rennfeld's retention of title. 

  

§ 8. Warranty

A. General

1. Rennfeld is always given the opportunity to make 2 attempts at rectification or, at its option, to exchange it within a period of at least 15 working days. 
2. In the event of significant defects that limit the usability, the customer must contact the customer after the deadline has expired  to declare withdrawal or further fulfillment of the contract within 10 working days. In the event of withdrawal, compensation for a material defect cannot be claimed. 
3. In the case of simple defects or breaches of secondary obligations, the price / remuneration will be reduced appropriately; Withdrawal and replacement delivery excluded. 

B. Merchants / legal persons

1. The information on properties of the goods contained in catalogs, brochures, circulars, letters, illustrations and comparable public promotions, such as Services, dimensions, weights, prices and the like are not binding unless they are expressly part of the contract. 
2. The warranty period for all services is 12 months from delivery or delivery. The exchange of parts does not lead to an extension of the warranty period in whole or on the replaced part.
3. Obvious errors must be reported to the seller in writing within a period of 2 weeks from receipt of the service. If the deadline is exceeded, the warranty claim expires. The customer has to prove the existence of a defect and its timely notification to Rennfeld.
4. If the customer chooses compensation after a failed supplementary performance, this is limited to the difference between the price and value of the defective item while the goods remain with the customer. In the event of negligent breach of an ancillary contractual obligation, compensation can only be claimed instead of the service if the customer has suffered damage that exceeds the service price by 10%. 
5. The removal of defects can be refused if the customer does not fulfill his own essential contractual obligations or he is unable to pay after the removal of the defect. The latter is presumed to be rebuttable if, with regard to the same or another transaction, the contractual partner is in default of payment with more than EUR 5,000.00 after at least 2 reminders. 

C. consumer

1. The warranty period is 2 years for new items and 1 year for used items from receipt of the goods. 
2. Obvious defects must be reported in writing within 30 days of their discovery. The day on which the notification is received by Rennfeld applies within the deadline. If the timely notification is not made, the warranty and subsequent performance claims expire. The customer is obliged to provide evidence for the assertion of inaccurate manufacturer statements and the point in time when the defect was ascertained. 

 

§ 9 Liability and Limitations of Liability

1. Rennfeld is not liable for hidden or obvious previous damage to the customer's vehicle. The customer is obliged to provide evidence of the absence of concealed previous damage.
2. In the case of slightly negligent breaches of duty, Rennfeld's liability is limited to the direct average damage that is foreseeable for a prudent businessman according to the type of goods or other service, typical for the contract. This also applies to slightly negligent breaches of duty by legal representatives or vicarious agents. Liability for slightly negligent breaches of duty towards traders is excluded. 
3. The above limitations of liability do not apply to customer claims arising from product liability and personal injury.

 

§ 10 obligations of the customer

1. The customer must obtain any necessary permits for the parts supplied and installed by Rennfeld at his own expense and is responsible for observing all applicable technical and legal regulations. 
2. Insofar as Rennfeld encloses a TÜV report with its delivery, the customer is only entitled to have the change entered in the vehicle registration document at the monitoring body that prepared the report.

 

 

§ 11 data protection

1. The customer declares his consent that the data necessary for the business transaction will be saved by Rennfeld and may be passed on to affiliated companies as part of the business transaction. Rennfeld is entitled to archive customer data for as long as this is required or permitted by the legislature for proper business transactions, in particular with a view to tax matters. If the data is exchanged without a contract being concluded between Rennfeld and the customer, Rennfeld will delete the customer data immediately.
2. Rennfeld assures to treat the data confidentially. The current data protection regulations apply. The customer will take note of and observe the further information on data protection on the Rennfeld website. 
3. The customer's attention is drawn to the fact that he is entitled at any time to request the deletion of his personal data or to restrict his processing permission to certain personal data.

 

12 Appraisals of parts / general operating permit

1. In the case of goods and motorsport items that are not approved for use on public roads, the customer must urgently follow the Rennfeld instructions. Rennfeld assumes that the customer will only use the goods in permitted areas and will follow the currently applicable regulations of the StVO and the StVZO, even as far as possible future changes e.g. regarding the noise emissions of a vehicle. 
2. In the case of not or only  Rennfeld will inform the customer verbally about the availability of an expert opinion and provide a copy of this - if available - to the customer. 
3. Rennfeld will verbally point out the lack of an expert opinion or a general operating permit, but will not check its use. 
4. The customer is liable for all damage related to the unlawful use of the products without official approval in the area of the StVO.

 

§ 13 final provisions

1. The law of the Federal Republic of Germany. The provisions of the UN sales law do not apply.
2. The place of jurisdiction for all current and future services from the business relationship with merchants and legal entities is Magdeburg.