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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 "we" or "Albert Motorsport") and our customers.
Customers within the meaning of these General Terms and Conditions are consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
Contracts are concluded exclusively in German. Communication is also conducted 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 General Terms and Conditions apply to all services – both in stationary stores and in distance selling (e.g. by telephone, email or online shop).
3. Conclusion of contract
Our offers are subject to change and non-binding.
By placing an order, the customer submits a binding offer. The contract is concluded upon our express acceptance – e.g., through written order confirmation or through execution of the delivery or work performance.
Communication and legally binding notices may also be sent by email.
4. Prices and payment terms
All prices are ex works Oberhausen plus packaging, shipping costs and statutory VAT, unless expressly stated otherwise.
Payment is made by agreement in advance, in cash, or on account. For first-time customers, we reserve the right to require payment in advance.
Cost estimates and price offers are valid for 14 days from the date of issue.
Partial deliveries are permitted, provided they are reasonable for the customer. Each partial delivery is considered a separate transaction within the meaning of the payment and risk transfer regulations.
5. Workshop services
Workshop services are provided on the basis of individually placed orders.
Unless expressly agreed otherwise, a cost estimate is non-binding. Spare parts, consumables, and testing costs are only included if confirmed in writing.
Binding completion dates must be confirmed in writing. In the event of force majeure, delivery bottlenecks, or unavailable spare parts, the deadline will be extended accordingly.
Parts provided by the customer will only be installed after prior agreement. Any warranty or liability for these parts is excluded.
Old parts will be handed over upon request upon collection. If no explicit request is made within 7 days, they will be disposed of properly.
6. Retention of title
Delivered goods remain our property until full payment has been made.
We reserve title to all goods delivered to entrepreneurs until all outstanding claims arising from the business relationship have been settled in full.
7. Transfer of risk
When shipping, the risk is transferred to the customer as soon as the goods leave our warehouse.
For workshop services, the transfer of risk occurs when the vehicle is handed over to the customer or a designated person.
8. Return, cancellation and exclusions
Consumers bear the direct return costs in the event of a cancellation.
The following are excluded from cancellation and exchange:
– individually manufactured or procured parts,
– parts already installed or used,
– Parts that were collected personally by the customer or his representative.
9. Warranty and complaints
For consumers: The statutory warranty periods apply.
For entrepreneurs:
– New goods: 12 months warranty.
– Used parts: Warranty excluded, where permitted by law.
No liability is assumed for damages caused by:
– improper installation,
– Motorsport operations,
– missing entries,
– illegal modifications.
Customers are required to have all modifications to road-legal vehicles checked and registered in accordance with legal regulations.
Complaints about defects must be made in writing no later than 14 days after receipt of the goods.
10. Delay in 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 month or part thereof.
If the customer definitively refuses acceptance, we reserve the right to demand a flat rate of 30% of the order value as compensation or to claim the actual damage incurred.
11. Motorsport – Disclaimer
Products and services intended for motorsports 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 obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Place of jurisdiction and applicable law
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 exclusively for the purpose of fulfilling the contractual relationship and in accordance with applicable data protection laws. For further information, please refer to our privacy policy .
15. Subject to change
We reserve the right to amend these Terms and Conditions at any time with future effect. The version valid at the time of the order shall prevail.
16. Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
In the case of entrepreneurs, the ineffective clause is replaced by a provision that comes as close as possible to the economic purpose.