Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(Farnbacher Racing OHG) via the www.farnbacher-racing.de website. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible
partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales
agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the
appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping
conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to
receive payments, you will either be guided to our online shop on the order summary page or forwarded to the
web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then
be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet
browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the “purchase” button to submit the order, you declare acceptance of the order in a legally binding way
by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address
that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In
particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and
transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of
the protection guaranteed by the mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed
by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that
follow from the business relationships that exist with us. The same condition applies to situations in which you are
not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place
of residence or the usual place of residence is not known at the time of commencement of proceedings. This has
no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly
II. Customer information
1. Identity of the seller
Farnbacher Racing OHG
Obere Industriestr. 4
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which
can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance to the regulations “conclusion of the contract” in our standard
business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart
system the contract data can be printed out or electronically saved using the browser’s print function. After the
order is received by us, the order data, the legally-mandated details related to distance selling contracts and the
standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all
the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking
the appropriate button on our website or in the respective quote, are shown separately over the course of the
order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs,
such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you
must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to
an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website
or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract
that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking
the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being
destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless
of whether or not the shipping operation is insured. This condition does not apply if you have independently
commissioned a transport company that has not been specified by us or a person who has otherwise been
appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business
These SBTs and customer details were created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the
legal security of the texts and assumes liability in case warnings are issued. More detailed information can be
found on the following website: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017