General Terms of Business

§ 1
Scope & defensive clause
(1) The following general terms and conditions of business in the respective version at the time of the order apply exclusively to the legal relationships established between the shop operator (hereinafter referred to as the "Supplier") and his customers via this internet shop.
(2) Deviating general terms of business of the customer are rejected.

§ 2
Condition of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is hereby only prompted to submit an offer through an order.
(2) By submitting the order in the Internet shop, the customer issues a binding offer on the conclusion of a purchase agreement on the goods contained in the shopping basket. By sending the order the customer also recognizes these terms and conditions as decisive for the legal relationship with the supplier alone.
(3) The supplier confirms receipt of the order of the customer by sending a confirmation e-mail. This confirmation of order is not yet the acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. The acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.

§ 3
Retention of title
The delivered goods remain the property of the offerer up to the complete payment.

§ 4
maturity
The payment of the purchase price is due with conclusion of contract.



§ 5
Warranty
(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise specified below. The provision in § 6 of these terms and conditions applies to claims for damages by the customer against the supplier.
(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured items, 1 year for used items. The limitation period for newly manufactured items and for used items is 1 year. The abovementioned shortening of the limitation periods does not apply to damages claims of the customer due to injury to life, body, health as well as to claims for damages resulting from a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier has to hand over the goods to the customer free of material and legal deficiencies and to procure the property to it. The abovementioned shortening of the limitation periods shall also not apply to claims for compensation which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. The right of recourse under § 478 German Civil Code (BGB) is also applicable to entrepreneurs, except for the reduction of the statute of limitations.
(3) A guarantee is not declared by the supplier.

§ 6
Disclaimer of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The foregoing exclusion of liability also applies to the legal representatives and vicarious agents of the supplier, if the customer asserts claims against them.
(2) Exclusion of liability for damage caused by a breach of life, body, health and claims for damages resulting from the infringement of essential contractual obligations shall be excluded from the exclusion of liability specified in clause 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier has to hand over the goods to the customer free of material and legal deficiencies and to procure the property to it. Liability for damage caused by an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents is excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7
Prohibition of assignment and pledge
The assignment or pledge of claims or rights against the supplier against the supplier is excluded without the consent of the supplier, provided the customer does not prove a justified interest in the assignment or pledge.

§ 8th
On Bill
A right of set-off of the customer exists only if his claim for set-off has been legally established or is undisputed.

§ 9
Law & jurisdiction
(1) The law of the Republic of Austria applies to the contractual relations between the supplier and the customer. Exceptions to this choice are the mandatory consumer protection regulations of the country in which the customer is habitually resident. The application of the UN purchase law is excluded.
(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the place of business of the supplier, if the customer is a merchant, a legal person of public law or a public-law special fund.

§ 10
Severance clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

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