General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment terms
7. Retention of title
8. Warranty and guarantee for material defects
9. Liability
10. Storage of the contract text
11. Final provisions

1. Scope

1.1.
The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Fanatic Auto Spa, 240 S. Broadway Avenue Yonkers, NY 10701 | Building I 60386 Frankfurt am Main (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).

1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. 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 commercial or independent professional activity.

1.3. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not constitute a representation or guarantee.

2.2 All offers are valid “while stocks last,” unless otherwise stated for the products. Errors and omissions excepted.

3. Ordering process and conclusion of contract

3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the [Add to cart] button. Within the shopping cart, the product selection can be changed, for example, deleted. The customer can then proceed to complete the ordering process by clicking the [Continue to checkout] button within the shopping cart.

3.2. By clicking the [Order with payment] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, return to the shopping cart using the browser’s “back” function, or cancel the order process entirely. Required information is marked with an asterisk (*).

3.3. The seller will then send the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days, or has confirmed shipment to the customer within 2 days with a second email, express order confirmation, or sending of the invoice. Acceptance can also be confirmed by a payment request from the seller to the customer and, at the latest, by completing the payment process. In the event of multiple acceptance processes, the earliest acceptance time shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by their offer.

3.4 In the case of customers who are businesses, the aforementioned period for dispatch, delivery or order confirmation shall be seven days instead of two.

3.5. If the seller allows payment in advance, the contract is concluded upon the provision of the bank details and the payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a repeated request, the seller will withdraw from the contract. Consequently, the order is void and the seller is not obligated to deliver. The order is then completed for both buyer and seller without further consequences. Therefore, the item will be reserved for a maximum of 10 calendar days for advance payments.

4. Prices and shipping costs

4.1. All prices stated on the seller’s website include the applicable statutory value-added tax.

4.2. In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods

5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. Should delivery of the goods fail due to the buyer’s fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are businesses, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise agreed and agreed.

5.6 The Seller shall not be liable to customers who are entrepreneurs for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even if binding deadlines and dates have been agreed upon. In this case, the Seller shall be entitled to postpone delivery or performance by the duration of the disruption plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and are neither the responsibility of the customer nor the Seller. During the duration of this disruption, the Customer is also released from its contractual obligations, in particular its obligation to pay. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by written declaration after setting a reasonable deadline or after mutual consultation with the Seller.

6. Payment Methods

6.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be 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 receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers, such as PayPal, are commissioned to process payments, their general terms and conditions apply.

6.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay statutory default interest.

6.5. The Customer’s obligation to pay default interest does not exclude the Seller’s right to claim further damages caused by default.

6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.

7. Retention of Title

Delivered goods remain the property of the seller until full payment has been made.
The following additional provisions apply to customers who are entrepreneurs: The seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full. Until ownership has been transferred to the buyer, the buyer is obligated to treat the purchased item with care. In particular, the buyer is obligated to insure the item at its own expense, where appropriate or customary in the industry, against theft, fire, and water damage, adequately covering its replacement value. If maintenance and inspection work must be carried out, the buyer must carry this out in a timely manner and at its own expense. Any processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same provisions apply to the item created through processing as to the reserved goods. The customer also assigns the claim to secure any claims against him that arise from the connection of the reserved goods with real estate against a third party. Access by third parties to goods owned or co-owned by the seller must be reported immediately by the customer. Any costs incurred as a result of such interventions for a third-party objection or costs for an out-of-court release shall be borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns in full to the seller, as security, any claims arising from resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller for its own account and in its own name. This direct debit authorization may be revoked if the customer fails to properly fulfill its payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (or more than 50% in the case of a risk of realization). The selection of the securities to be released is the responsibility of the seller. Upon settlement of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the buyer. The selection of the securities to be released is the responsibility of the seller.

8. Warranty and Guarantee for Material Defects

8.1. The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following provisions.

8.2. A guarantee for goods delivered by the Seller only exists if this has been expressly stated. Customers will be informed of the guarantee conditions before initiating the order process.

8.3 If the customer is an entrepreneur, he or she must inspect the goods promptly, without prejudice to any statutory obligation to give notice of defects, and notify the supplier of any obvious defects in writing without delay, at the latest within two weeks of delivery, and of any non-obvious defects without delay, at the latest within two weeks of discovery. Customary, permissible according to quality standards, or minor deviations in quality, weight, size, thickness, width, finish, pattern, and color are not considered defects.

8.4 If the customer is an entrepreneur, the seller shall choose between repair or replacement of defective goods.

8.5 Notwithstanding the liability provisions of these General Terms and Conditions, material defects shall generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatory by law, particularly in the case of special provisions for recourse by the entrepreneur. For used goods, the warranty for customers who are entrepreneurs is excluded.

8.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Article 2 of the uniform commercial code (UCC) in accordance with its type and intended use into another item or attached it to another item, the seller is, subject to an express agreement and without prejudice to the other warranty obligations, not obliged, as part of the subsequent performance, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item in the event of recourse by the customer within the supply chain (i.e. between the customer and its customers).

9. Liability

9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.

9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, 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 execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 To the extent that the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

10.1. The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order 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. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General 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 shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available online.

10.3 Customers who are entrepreneurs may receive the contract documents by email, in writing or by reference to an online source.

11. Final Provisions

11.1. If the buyer is an entrepreneur, the place of performance shall be the seller’s registered office, subject to other agreements or mandatory statutory provisions. The place of jurisdiction shall be the seller’s registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller’s country of domicile. The seller reserves the right to choose another permissible place of jurisdiction.

11.2 The contract language is English.