Terms of service

Table of contents

  • Scope of application
  • Conclusion of contract
  • Right of withdrawal
  • Prices and terms of payment
  • Delivery and shipping conditions
  • Liability for defects
  • Redemption of promotional vouchers
  • Applicable law, place of jurisdiction

1) Scope of application

1.1 These General Terms and Conditions of the company Racing Lounge AG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online store. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects "PayPal Express" as the payment method during the order process, he also issues a payment order to his payment service provider by clicking the button that concludes the order process. In this case, in deviation from section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment transaction by clicking the button concluding the order process.

2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.6 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.

2.7 Before binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact shall take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and terms of payment

4.1 The prices quoted by the seller include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 Various payment options are available to the customer, which are indicated in the seller's online store.

4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.4 The payment method credit card payment requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is permitted to pay by credit card following a credit check, the payment shall be processed in cooperation with secupay AG, to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer's order has been placed in the online store. Even if the payment method of credit card payment via secupay AG is selected, the provider shall remain responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes.

4.5 If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.

5) Delivery and shipping conditions

5.1 The delivery of goods is regularly carried out by shipping to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are dispatched or handed over to the authorized carrier.

5.4 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.

6) Liability for defects

The statutory liability for defects applies.

7) Redemption of promotional vouchers

7.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

7.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

7.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

7.4 Only one promotional voucher can be redeemed per order.

7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

7.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

7.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher as part of their contractual right of withdrawal, if such a right has been agreed.

7.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

8) Applicable law, place of jurisdiction

8.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

8.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.