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General Terms and Conditions (GTC) of Albert Motorsport
Owner: Jürgen FW Albert
Graf-Zeppelin-Straße 9, 46149 Oberhausen
1. Scope and language
These General Terms and Conditions (GTC) apply to all business relationships between Albert Motorsport , Graf-Zeppelin-Straße 9, 46149 Oberhausen (hereinafter referred to as "we" or "Albert Motorsport") and our customers.
For the purposes of these terms and conditions, customers are consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
Contracts are concluded exclusively in German. Communication also takes place in German, unless expressly agreed otherwise.
2. Services offered
Albert Motorsport offers the sale of vehicles, vehicle parts and accessories, as well as workshop services and motorsport-related services.
These terms and conditions apply to all services – both in physical stores and in distance selling (e.g. by telephone, email or online shop).
3. Conclusion of the contract
Our offers are non-binding and subject to change.
By placing an order, the customer submits a binding offer. The contract is concluded upon our express acceptance – e.g., by written order confirmation or by execution of the delivery or work.
Communication and legally binding notices can also be sent via email.
4. Prices and Payment Terms
All prices are ex works Oberhausen, excluding packaging, shipping costs and statutory VAT, unless expressly stated otherwise.
Payment is made by prior arrangement via prepayment, cash, or invoice. For first-time customers, we reserve the right to require prepayment.
Cost estimates and price quotes are valid for 14 days from the date of issue.
Partial deliveries are permitted insofar as they are reasonable for the customer. Each partial delivery is considered a separate transaction for the purposes of payment and risk transfer regulations.
5. Workshop services
Workshop services are provided on the basis of individually placed orders.
Unless explicitly agreed otherwise, cost estimates are non-binding. Spare parts, consumables, and testing costs are only included if this is confirmed in writing.
Binding completion dates must be in writing. In cases of force majeure, supply bottlenecks, or unavailable spare parts, the deadline will be extended appropriately.
Parts supplied by the customer will only be installed after prior consultation. Warranty or liability for these parts is excluded.
Old parts will be handed over upon request at collection. If no explicit request is received within 7 days, they will be disposed of properly.
6. Retention of title
Delivered goods remain our property until full payment has been received.
With respect to entrepreneurs, we retain ownership of all delivered goods until all outstanding claims arising from the business relationship have been settled in full.
7. Transfer of Risk
The risk passes to the customer upon shipment, as soon as the goods leave our warehouse.
For workshop services, the transfer of risk occurs upon handover of the vehicle to the customer or an authorized person.
8. Returns, Cancellations and Exclusions
Consumers bear the direct costs of returning the goods in the event of a cancellation.
The following are excluded from cancellation and exchange:
– custom-made or procured parts,
– parts that have already been installed or used,
– Parts that were personally collected by the customer or their representative.
9. Warranty and Complaints
For consumers: The statutory warranty periods apply.
For entrepreneurs:
– New goods: 12-month warranty.
– Used parts: Warranty excluded to the extent permitted by law.
No liability is accepted for damages caused by:
– improper installation,
– Motorsport operations,
– missing entries,
– illegal alterations.
Customers are required to have all modifications to road-legal vehicles inspected and registered in accordance with legal regulations.
Complaints regarding defects must be made in writing no later than 14 days after receipt of goods.
10. Default of acceptance and storage costs
If the customer defaults on acceptance, we are entitled to store the goods or vehicle at the customer's risk and expense.
The storage fee is 30% of the order value per commenced month.
If the customer definitively refuses acceptance, we reserve the right to demand a flat fee of 30% of the order value as compensation or to claim the actual damage incurred.
11. Motorsport – Disclaimer
Products and services intended for motorsport are provided without warranty or liability.
Any liability for damage to vehicles, persons or third parties resulting from use in racing or unauthorized modifications is excluded.
12. Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Jurisdiction and applicable law
The place of performance is Oberhausen.
If the customer is an entrepreneur, the exclusive place of jurisdiction is Oberhausen.
German law applies exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14. Data protection
Albert Motorsport processes personal data solely for the purpose of fulfilling the contractual relationship and in accordance with applicable data protection laws. Please see our privacy policy for further information.
15. Reservation of the right to amend
We reserve the right to amend these terms and conditions at any time with effect for the future. The version valid at the time of the order shall apply.
16. Severability Clause
Should individual provisions of these terms and conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
In the case of entrepreneurs, the ineffective clause is replaced by a regulation that comes as close as possible to the economic purpose.