General Terms And Conditions
§ 1 General terms and business relations
The following general terms shall be applied to all occurred within the websites https://www.mclarenindustries.com/de/en/ and http://mclareneurope.com на McLarencom, McLaren Deutschland TaunusLtd., Taunus Tower Tower, Mergentaleralee 73-75, 65760 Eschborn / Frankfurt (hereinafter referred to as "Seller") contractual relationship between the Seller and its Customers (hereinafter referred to as "Buyers").
- Contracts shall be concluded with both users and companies.
- User is any natural person who enters into a legal transaction for purposes that cannot be assigned neither to its industrial nor to its independent professional activity.
- Pursuant to § 14 of the State Gazette a Contractor is a natural or legal person or legally competent private company acting in the exercise of his own industrial or independent activity at the conclusion of a legal transaction. Legally competent private company is a private company that has the ability to receive rights and assume obligations.
§ 2 Occurrence of contract
- The Seller’s Offers shall be realized freely and shall retain the right of technical changes. They are valid until the end date as specified in the offer.
- If the Seller shares any terms for a task, it does not constitute a binding offer in a legal sense. By his order the Buyer makes a binding offer to contract. The contract shall occur through acceptance of the Buyer’s offer to contract with a confirmation of the task by the Seller. The confirmation of the task can be done by letter, fax or e-mail.
§ 3 Prices, turnover tax, payment
- All prices are total prices including VAT and potential shipping costs depending on the mode of delivery (see. § 4), plus any shipping costs and the packing costs that may arise.
- The Seller offers the following payment methods: bank transfer (advance payment). The Seller shall issue to the Buyer an invoice for the ordered goods, which shall be sent with a letter.
§ 4 Delivery, shipping costs and avoid hazards
- The Delivery (delivery by the delivery agency) shall be carried out immediately upon receipt of the payment.
- The terms of delivery and payment to the Seller are described more detailed in the order form. Please refer to the delivery terms in the offer.
- With the order form you receive once again an overview of the essential characteristics of the product, the total price of the goods, and all related components, such as the costs of delivery and packaging.
- If the Buyer is an User pursuant to § 13 of the State Gazette, the risk relating to the delivery shall be borne solely by the Seller. However, if the Buyer is a Contractor, the risk shall be assumed by the Buyer from the moment in which the Seller delivers the goods to the deliverer or any other person or institution appointed for the shipment.
§ 5 Instructions for cancellation of contracts
Instructions for cancellation and a sample form for cancellation of contracts
The following instructions for cancellation of contracts shall be valid only for Users (see. 1 of the General Terms)
Right to cancellation of contracts
You have the right to cancel the contract within 14 days without specifying the reasons for that. The term of the cancellation of contracts is 14 days from the day on which you or a third party appointed by you, which is not a deliverer, have received the goods.
To exercise your right to cancellation of the contract you must inform us by uniquely explanation (e.g. a postal letter or e-mail) on your decision to cancel the contract. For this purpose you may use the attached sample form for cancellation of contracts, which is not optional.
For meeting the deadline of cancellation of contracts shall be enough to send the message about the exercise of the right to cancel of the contract before the deadline of cancellation of the contracts.
Consequences of the cancellation of contracts
If you cancel the contract, we must immediately and at the latest within fourteen days from the day on which we have received the notice of your desire to cancel the contract, to return all payments that we have received from you, including the delivery costs (excluding the additional costs that arise if you have choose other type of delivery than the one we have offered to you, or if you have choose reasonable standard delivery.) For this return of payments we use the same way of payment that you've applied in the transaction, unless we have not agreed other with you. In such case you don't have to pay anything regarding this return of payments. We can refuse to refund all payments until you get back the goods or while you do not provide us with evidence that will send the goods back. You must promptly and in any event to send us back or give us the goods within fourteen days from the day on which you have informed us about the cancellation of the contract. The deadline is met if you send the goods before the expiration of fourteen days. The immediate costs of sending the goods back shall be borne by you. You also assume the cost of goods that cannot be sent by parcel post. The costs are calculated at a maximum of € 200.00. You must indemnify us for any loss of value of the goods, if the loss in value is not due to compulsory contact with you to check the quality, characteristics and functioning of the goods.
End of the instructions for cancellation of contracts.
Cases in which you are not entitled to exercise your right to cancellation of contracts
You have no right to cancellation of contracts in the following cases:
- contracts for supply of not ready-made goods and for whose production the individual choice or definition of the user has been crucial or which are made uniquely for personal needs of the user,
- contracts for delivery of goods, which can quickly deteriorate or whose shelf life is short,
- contracts for supply of alcoholic beverages, whose price has been agreed upon conclusion of the contract, but can be delivered as early as 30 days after signing the contract and whose actual value depends on the deviations of the market on which the Contractor has no influence,
- contracts for delivery of newspapers, magazines or illustrations, with the exception of subscription contracts.
The right of cancellation of the contract may be lost when:
- delivery of sealed goods, which are not suitable for return due to health or hygiene reasons if their seal was removed after the delivery,
- delivery of goods, if after the delivery they were inseparable mixed with other goods because of their structure,
- delivery of sound and video recordings or computer software in a sealed package, if the seal has been removed after the delivery – by the delivery of newspapers, magazines or illustrations, with the exception of subscription contracts.
Sample form of cancellation of contracts
If you want to cancel the contract, please complete this form and send us back.
To [McLaren Deutschland GmbH, Taunus Tower, Mergenthalerallee 73-75, 65760 Eschborn / Frankfurt, Fax: + 49-6999-9999-7525 ; Mail-e: firstname.lastname@example.org ]:
With the present form, I / we cancel (*) the concluded by me /us (*) purchase contract for the following goods (*) / for the provision of the following services (*)
- - ordered on (*) / received on (*)
- username / s
- address of the user / s
- User/s Signature (only on paper notice)
(*) delete if not applicable
§ 6 Retention of ownership
The Seller retains the ownership of the goods until full payment of the purchase price.
§ 7 Liability for damages
For our goods shall be valid the legal right to liability for damage if under V. arises deviation therefrom.
- If the Customer is acting as a User, then the legal prescription of claims of liability for damages for used goods is limited to one year from the delivery of the goods. The legal prescription of claims for compensation in case of endangering the life, body, health, due to an intentional or unintentional breach of duty to the Seller or an intentional or unintentional breach of duty of a legal representative or assistants in the performance of the seller’s order remains unchanged. Moreover, the legal prescription of claims for compensation for other damages due to intentional or unintentional breach of duty to the seller or an intentional or unintentional breach of duty of a legal representative or assistants in performance of the seller’s order remains unchanged. If the Seller due to inadvertence violates important contractual obligation, the legal prescription of claims for compensation remains the same. The important contractual obligations are obligations which the contract requires from the seller according to its content to achieve the purpose of the contract and whose performance does allow the proper execution of the contract and in whose compliance the customer may believe. Furthermore the possible incurring the liability, according to the law of liability for products, remains unchanged. In all other cases the legal regulations shall be applied.
- For Contractors about the provision and incurring the responsibility shall be applied the following:
- The legal prescription period for claims for provision shall be one year both for contractors and for newly manufactured goods and for second-hand goods. The legal prescription of claims for compensation in case of endangering the life, body, health, due to an intentional or unintentional breach of duty of the seller or an intentional or unintentional breach of duty of a legal representative or assistants in performance of the seller’s contract remains unchanged. Furthermore, the legal prescription of claims for compensation for other damages due to intentional or unintentional breach of duty of the seller or an intentional or unintentional breach of duty of a legal representative or assistants in performance of the seller’s contract remains unchanged. If the Seller due to inadvertence violates important contractual obligation, the legal prescription of claims for compensation remains the same. The important contractual obligations are obligations which the contract requires from the seller according to its content to achieve the purpose of the contract and whose performance does allow the proper execution of the contract and in whose compliance the customer may believe.
Furthermore the possible incurring the liability, according to the law of liability for products, remains unchanged. In all other cases the legal regulations shall be applied.
- The Buyer must check the goods immediately after delivery by the Seller in accordance with § 377 of the Commercial Code, if it can be done according to the rules, and if a damage is found, the Seller must be informed immediately. If the Buyer does not inform the Seller, the goods are deemed approved, unless it concerns damage, which could not be detected during the check. If such damage has been found out later, the notice must be made immediately after it's found. Otherwise the goods are deemed approved also by the existence of such damage. In respect for the rights of the buyer is sufficiently the timely dispatch of the notice of any damage. If the seller slyly has kept silence about the existence of damage, he cannot rest on these prescriptions.
§ 8 Other informational obligations for contracts for distance selling and e-commerce
- Technical steps for concluding a contract/ process of ordering
If the seller agrees with the terms for an order, it does not constitute a binding offer in a legal sense. About the terms please ask through the form on the web: http://www.mclarenindustries.com/de/en/request-a-quote/ or by fax / phone. By implementing the order by e-mail or fax or phone the Buyer makes a binding offer to contract. The contract between the Seller and the Buyer occurs through a written declaration of acceptance of the terms or by a declaration of acceptance of the terms by telex (order confirmation) by the buyer. The same shall be applied to any additions, changes or other arrangements.
- Save the text of the contract after the signing of a contract and accessibility for customers
The text of the contract, and your order data are saved by the seller. Upon completion of your order, you will receive neatly order confirmation, which contains all data related to that contract. You also have the option to print the text of the contract by the printing functionality of the browser. You may see all data for your order also in the email that has been sent to you. Furthermore, the seller sends to the buyer a contractual provision per email, if the customer requires these.
- Language of the contract
The language of the contract is exclusively German.
- Behavioral Code
Seller shall not act in a certain behavioral code.
- Order Confirmation
After sending the offer by the customer, he receives a confirmation email.
- Complaints and provision
Complaints and claims for provision must be made to the seller.
- Important features of the product
Important characteristics of the goods you can see in the description of the item. This also applies to the validity of any term offers.
§ 9 Instructions for Data Protection
- Collecting, storing, change, transmission, locking, deleting and use of your personal data is carried out taking into consideration the applicable regulations for data protection.
- The transmission of your personal data to third parties takes place only within participation of the contract partners, such as credit institutions, to which are assigned the issues of payment, and the logistics company, which is involved in the delivery. The scope of the transmitted data is limited to the minimum necessary in case of need your personal data to be shared with third parties.
- With the conclusion of the contract you declare that you agree to the processing and use of your personal data (e.g. address) in accordance with the above instructions. However, you have the opportunity at any time to cancel the use of your personal data without having to arise costs other than those for the transmission of data in accordance with the basic tariff.
- In accordance with federal law on data protection, you are entitled to receive information about your saved data, without charge, a right of correction, lock or delete data. Please direct your questions to the address indicated in the characterization of the bidder. If the data of your personality that are stored by the bidder are incorrect, those will be corrected immediately under your instruction.
- Data protection is guaranteed by the federal law on data protection. The use of these data is permissible only if the federal law on data protection or the relevant legal prescription permit this use or upon the person's agreement.
§ 10 Final provision
In reference to the contractual relationship between the Seller and the Buyer, and in conjunction with the relevant general terms the laws of the Federal Republic of Germany shall be applied. Users who reside abroad can also resting on the law of the country in which they live, whatever the legal choice.