Terms and Conditions
Terms and Conditions with Customer Information
1. Scope of Application
2. Offers and Service Descriptions
3. Order Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the Contract Text
11. Final Provisions
1. Scope
1.1. The business relationship between R/C 107 SL Service GmbH (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach our customer service department for questions, complaints, and claims on weekdays by calling +49 176 84699945 or by emailing shop@107sl-club.de.
1.3. For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for a purpose that is predominantly neither related to their commercial activities nor to their self-employed professional activities (Section 13 of the German Civil Code (BGB)).
1.4. Any terms and conditions of the customer that differ from these will not be recognized unless the seller expressly agrees to their validity.
2. Proposals and Service Descriptions
The presentation of products in the online store does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogs and on the seller’s websites do not constitute a representation or warranty.
All offers are valid “while supplies last,” unless otherwise noted for specific products. Furthermore, errors excepted.
3. Order Process and Conclusion of the Contract
3.1. The customer can select products from the seller’s assortment without obligation and add them to a “shopping cart” by clicking the [Add to Cart] button. Within the shopping cart, the customer can modify the product selection—for example, by deleting items. The customer can then proceed to complete the ordering process by clicking the [Proceed to Checkout] button within the shopping cart.
3.2. By clicking the [Place Order (Subject to Payment)] button, the customer submits a binding request to purchase the items in the shopping cart. Before submitting the order, the customer can view and modify the information at any time, use the browser’s “Back” button to return to the shopping cart, or cancel the entire ordering process. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt via email, which lists the customer’s order again and which the customer can print using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the offer. The sales contract is not concluded until the seller ships the ordered product to the customer within 2 days, delivers it to the customer, or confirms shipment to the customer within 2 days via a second email, an explicit order confirmation, or by sending the invoice.
3.4. If the seller allows payment in advance, the contract is concluded upon provision of the bank details and the payment request. If, despite being due and following a reminder, payment has not been received by the seller within 10 calendar days of the order confirmation being sent, the seller shall withdraw from the contract, with the result that the order is void and the seller is under no obligation to deliver. The order is then considered settled for both the buyer and the seller without further consequences. Therefore, items paid for in advance are reserved for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. Alle Preise, die auf der Website des Verkäufers angegeben sind, verstehen sich einschließlich der jeweils gültigen gesetzlichen Umsatzsteuer.
4.2. In addition to the listed prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If payment in advance has been agreed upon, delivery will be made upon receipt of the invoice amount.
5.2. If delivery of the goods fails due to the buyer’s fault despite three attempts to deliver them, the seller may rescind the contract. Any payments already made will be refunded to the customer immediately.
5.3. If the ordered product is unavailable because the seller has not received it from its supplier through no fault of its own, the seller may rescind the contract. In this case, the seller will notify the customer immediately and, if applicable, offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any payments already made by the customer.
5.4. Customers are informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. During the ordering process and before completing the order, the customer can choose from the available payment methods. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. If third-party providers, such as PayPal, are commissioned to process payments, their terms and conditions apply.
6.4. If the payment due date is specified by the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay late payment interest does not preclude the seller from claiming additional damages resulting from the delay.
6.6. The customer is entitled to set off claims only if his counterclaims have been legally established or acknowledged by the seller. The customer may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for Material Defects and Guarantee
8.1. The warranty is governed by statutory provisions.
8.2. A warranty applies to goods delivered by the seller only if it has been expressly provided. Customers are informed of the warranty terms before beginning the ordering process.
9. Liability
9.1. Notwithstanding any other statutory requirements for claims, the following exclusions and limitations of liability apply to the Seller’s liability for damages.
9.2. The seller bears unlimited liability to the extent that the cause of the damage is due to willful misconduct or gross negligence.
9.3. Furthermore, the Seller is liable for the breach of material obligations due to slight negligence, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller is liable only for foreseeable damages typical for this type of contract. The seller is not liable for the breach of duties other than those mentioned in the preceding sentences due to slight negligence.
9.4. The foregoing limitations of liability do not apply in cases of injury to life, body, or health; in the event of a defect arising from a warranty regarding the quality of the product; or in the case of defects that were fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. Soweit die Haftung des Verkäufers ausgeschlossen oder beschränkt ist, gilt dies auch für die persönliche Haftung von Arbeitnehmern, Vertretern und Erfüllungsgehilfen.
10. Storage of the Contract Text
10.1. The customer may print the contract text before submitting the order to the seller by using the print function of their browser during the final step of the ordering process.
10.2. The seller will also send the customer an order confirmation containing all order details to the email address provided by the customer. Along with the order confirmation—or, at the latest, upon delivery of the goods—the customer will also receive a copy of the Terms and Conditions, including the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our store, you can view your placed orders in your profile area. In addition, we store the text of the contract but do not make it available online.
11. Final Provisions
11.1. The place of jurisdiction and performance shall be the Seller’s principal place of business if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The language of the contract is German.
11.3. European Commission’s Online Dispute Resolution (ODR) Platform for Consumers: http://ec.europa.eu/consumers/odr/</a>.
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
