Terms and Conditions

Provider

SMN83 GmbHLaurenzberger Straße 452249 Eschweiler

§ 1 Scope

1. These General Terms and Conditions apply to all orders placed via the online shop of SMN83 GmbH by consumers (Section 13 of the German Civil Code (BGB)) and entrepreneurs (Section 14 BGB).
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.
3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed profession.
4. Deviating terms and conditions of the customer are not recognised unless their validity has been expressly agreed to in writing.

§ 2 Contracting party

The contracting party for all orders is:

SMN83 GmbHLaurenzberger Straße 452249 Eschweiler

Represented by the managing director Franz Simon

Commercial register: HRB 19403Registry court: Amtsgericht Mönchengladbach (Local Court of Mönchengladbach)VAT ID: DE329163941E-mail: verkauf@simonmotorsport.comTelephone: +49 2433 4466151

§ 3 Subject matter of the contract

1. The subject matter of the contract is the sale of vehicle parts, tuning components, plug-in tuning modules, performance upgrades and corresponding accessories. Depending on the delivery method selected, the contract additionally includes installation (“Fitting at our workshop”) or installation with a power measurement on the dyno (“Fitting & dyno measurement”) in the workshop of SMN83 GmbH.
2. The products presented in the online shop do not constitute a legally binding offer, but an invitation to place an order.
3. Product descriptions, technical data and performance figures are based on the respective state of development and testing at the time of publication.
4. Technical changes, further developments and model adjustments are reserved, insofar as they are reasonable for the customer.

§ 4 Conclusion of the contract

1. The customer places the desired products in the basket and is redirected via “Checkout” to the payment process of our payment service provider Stripe. There, the customer enters their details and can check and correct them before submitting. By clicking the button to complete the payment (e.g. “Pay”), the customer submits a binding offer to conclude a contract of sale.
2. After receipt of the order, the customer receives an automated order confirmation. This does not yet constitute acceptance of the offer.
3. The contract is only concluded upon express order confirmation or dispatch of the goods.
4. The language of the contract is German.

§ 5 Prices and terms of payment

1. The prices stated in the shop at the time of the order apply.
2. All prices include statutory VAT unless expressly stated otherwise.
3. Shipping costs are shown separately during the ordering process.
4. Payment is made via the payment service provider Stripe Payments Europe, Ltd., Dublin, Ireland (“Stripe”). The payment methods displayed during the payment process are available, in particular credit and debit card, SEPA Direct Debit and Klarna as well as, depending on the device, Apple Pay and Google Pay. The purchase price is due upon completion of the order.
5. If a payment method offered by a payment service provider is selected, the respective terms of use of the payment service provider also apply.

§ 6 Delivery and shipping

1. Delivery is made to the delivery address specified by the customer. For the delivery methods “Fitting at our workshop” and “Fitting & dyno measurement”, no shipping takes place; installation takes place in the workshop of SMN83 GmbH after an appointment has been arranged by telephone.
2. Shipping is generally carried out via DHL or an equivalent shipping service provider.
3. Delivery times are non-binding unless expressly agreed otherwise.
4. Partial deliveries are permissible insofar as they are reasonable for the customer.
5. If a product is permanently unavailable, the customer will be informed without delay. Payments already made will be refunded.

§ 7 Retention of title

The goods remain the property of SMN83 GmbH until payment has been made in full.

In relation to entrepreneurs, the goods remain the property of SMN83 GmbH until all claims arising from the ongoing business relationship have been settled in full.

§ 8 Special notes on tuning products

1. Before installing and using a product, the customer is obliged to check whether its use on public roads is permitted.
2. Unless expressly stated otherwise, performance upgrades, plug-in tuning modules and comparable tuning products may cause the vehicle’s operating permit (Betriebserlaubnis) to lapse.
3. The use of such products on public roads without the required registration entry or approval may result in the loss of insurance cover.
4. The customer is personally responsible for complying with all statutory provisions, registration requirements and technical specifications.
5. Products intended exclusively for motorsport purposes must not be used on public roads.

§ 9 Warranty

1. The statutory rights in respect of defects apply.
2. In relation to entrepreneurs, the warranty period for new goods is one year from the transfer of risk.
3. Obvious transport damage must be reported to the shipping service provider and to SMN83 GmbH without delay.

§ 10 Manufacturer’s guarantee on SMN Power Pack

1. In addition to the statutory warranty, a voluntary manufacturer’s guarantee of five years from the date of purchase is granted for the SMN Power Pack.
2. The guarantee applies exclusively in accordance with the guarantee conditions published at the time.
3. The customer’s statutory warranty rights are not restricted by the guarantee.

§ 11 Engine warranty

1. For certain products, SMN83 GmbH grants a voluntary engine warranty covering the engine, engine management and differential.
2. The engine warranty applies for a period of three years from the date of purchase or up to a mileage of 100,000 km, whichever occurs first.
3. The maximum settlement amount is 10,000.00 euros per claim.
4. The customer does not pay any excess.
5. Requirements, exclusions, obligations to provide evidence and scope of cover are set out in the separate warranty conditions.
6. The statutory warranty rights remain unaffected.

§ 12 Liability

1. SMN83 GmbH is liable without limitation for intent and gross negligence.
2. In the case of slight negligence, SMN83 GmbH is liable only for breaches of material contractual obligations and limited to the damage foreseeable and typical for the contract.
3. The limitations of liability do not apply to damage resulting from injury to life, body or health.
4. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 13 Use of the products

1. The customer must observe all installation, operating and maintenance instructions.
2. Improper installation, improper use or modifications to the product may result in the loss of warranty and guarantee claims.
3. Installation should be carried out exclusively by qualified personnel.

§ 14 Consumer dispute resolution

SMN83 GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Applicable law

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

§ 16 Place of jurisdiction

If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships with SMN83 GmbH is the registered office of the company.

§ 17 Final provisions

Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.