Terms of service

General Terms and Conditions

1. General Provisions
1.1 Scope of Application
These General Terms and Conditions, in the version valid at the time the contract is concluded, apply to all business relationships between us—Autohaus Lorinser GmbH & Co. KG, Alte Bundesstr. 45, 71332 Waiblingen—and you. Should you use any conflicting General Terms and Conditions, they are hereby expressly rejected.

1.2 Contractual Agreement
The language of the contract is German.
1.3 Registration
To use the full scope of our website, you must first create a customer account. During this process, you will be asked to provide the data necessary for us to provide our services. Your entries are confirmed by clicking the “Register” button. You will then receive a confirmation email containing the information required to log in. Registration is not complete until you have logged in to our website for the first time using this information.

The password that grants you access to your personal account must be treated as strictly confidential and must not be disclosed to third parties under any circumstances. You must take appropriate and reasonable measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users, customers, or any other third parties.

1.4 Conclusion of the Contract
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired items. In the second step, you enter your information, including your billing address and, if applicable, a different shipping address, unless you have already stored this information in your customer account. In the third step, you select your preferred payment method. In the fourth step, you have the opportunity to review all details (e.g., name, address, payment method, ordered items) once more and correct any input errors before confirming your order by clicking the “Place Order” button. By placing the order, you are making a binding offer to enter into a contract. We will immediately confirm receipt of your order.

 The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receiving the order via email, fax, telephone, mail, or by notifying you that the goods have been shipped. The contract is not concluded until such acceptance occurs.

We will store the contract text and send it to you in writing (e.g., via email, fax, or mail) along with these Terms and Conditions and customer information after you submit your order. However, once you have submitted your order, you will no longer be able to access the contract text via the website. You may use your browser’s print function to print the relevant webpage containing the contract text.

1.5 Use in Motorsports
Some of the parts offered are suitable exclusively for use in motorsports and are generally delivered without a special certificate, which is required for registering the corresponding part in the vehicle registration document. You are responsible for ensuring compliance with the relevant legal requirements. 

2. Delivery
2.1 Partial Deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, you will not incur any additional shipping costs in the event of partial deliveries.

2.2 Delays in Delivery and Performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events that cannot be prevented even with the utmost care on our part and for which we are not responsible (including, in particular, strikes, official or court orders, and cases of incorrect or improper supply to us despite a corresponding hedging transaction), entitle us to postpone delivery for the duration of the hindering event.

2.3 Exclusion of Delivery
We do not deliver to P.O. box addresses.

2.4 Default in Acceptance
If you default on accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for delay or non-performance. During the period of default in acceptance, you bear the risk of accidental loss or accidental deterioration.

2.5 Delivery Time
Unless expressly agreed otherwise, we will deliver the goods within 5 days. The delivery period begins, in the case of payment in advance, on the day after the payment order is issued to the transferring bank; in the case of cash on delivery or purchase on account, on the day after the contract is concluded. The period ends on the fifth day following that date. If the last day of the period falls on a Saturday, Sunday, or a state-recognized public holiday at the delivery location, the period ends on the next business day.

 

3. Payment
3.1 Prices and Shipping Costs
All prices include sales tax. In addition, the costs for packaging and shipping, which are listed separately, apply unless you have agreed to pick up the order at our place of business.

3.2 Late Payment
You are considered to be in default if payment is not received by us within two weeks of receiving the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the European Central Bank’s base rate, or 9 percentage points above the European Central Bank’s base rate for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. This does not preclude us from claiming additional damages. You retain the right to prove that we have incurred no damage or only minor damage.

3.3 Right of Set-off
The buyer may set off claims against the seller’s claims only if the counterclaim has been legally established, the seller has acknowledged it, or if the counterclaim is undisputed. This prohibition on set-off does not apply to a counterclaim arising from a defect based on the same contractual relationship as the seller’s claim. The buyer may exercise a right of retention only to the extent that it is based on claims arising from the same contractual relationship.

Cancellation Policy for Consumers in Distance Sales Contracts

Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods or the last item of goods.

To exercise your right of withdrawal, you must notify us (Autohaus Lorinser GmbH & Co. KG, Alte Bundesstr. 45, 71332 Waiblingen, Phone: +49(0)7151/ 136 – 1234, Fax: +49(0)7151/ 136 – 1230, Email: info@lorinser.com) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.

– End of the Cancellation Policy –

 

Exclusion of the Right of Cancellation
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs. Likewise, the right of withdrawal does not apply to contracts for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded.

Special Notes on the Premature Expiration of the Right of Withdrawal
For contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been broken after delivery. For contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been broken after delivery.

5. Retention of Title
The delivered goods remain our property until the purchase price has been paid in full. You must handle the goods, which are subject to a simple retention of title, with care at all times. You assign to us any claim or compensation you may receive for damage, destruction, or loss of the delivered goods. If you act in breach of the contract, particularly in the event of late payment, we are entitled to take back the purchased item. In this case, taking back the item does not constitute a withdrawal from the contract, unless we expressly declare this in writing.

 

6. Warranty
6.1 Disclaimer and Explanations Regarding Motorsports
To avoid improper use, the parts we offer should only be installed by professionals or in specialized workshops. Furthermore, prior to each installation, you must unequivocally verify the part’s compatibility and its general and specific suitability for the respective vehicle and intended use. If this verification cannot be made with certainty, the part in question must not be installed. Unless otherwise specified, parts manufactured and offered for use in motorsports are generally not approved for use on public roads. Depending on their intended use, many motorsports parts are designed for peak performance and extreme loads with a short service life. These parts may become “worn out” after only a short time, even if there is no material defect.

6.2 Warranty Claims
Statutory warranty rights apply. A warranty claim may arise only with respect to the quality of the goods; reasonable deviations in the aesthetic characteristics of the goods are not covered by the warranty. In particular, technical and design variations may occur with respect to the descriptions, illustrations, and specifications in our offers, brochures, catalogs, on the website, and in other documents (e.g., color, weight, dimensions, design, scale, positioning, etc.), provided that such changes are reasonable for you. Such reasonable grounds for changes may result from standard industry fluctuations and technical production processes. To the extent that warranties are provided in addition to the statutory warranty claims, you will find their exact terms and conditions listed with each product. Any such warranties do not affect your statutory warranty rights.

6.3 Warranty for Consumers
The risk of accidental loss or deterioration of the sold goods does not pass to you until the goods are delivered to you. If you notice that the outer packaging is damaged upon arrival or discover damage to the goods after receipt, please notify us. However, there is no obligation to provide such notification, nor does a failure to do so affect your warranty rights. If the goods are defective, you may choose to request subsequent performance in the form of repair or replacement. If defects are not remedied even after two attempts at repair, you are entitled to rescind the contract or seek a price reduction.

6.4 Warranty for Business Customers
Notwithstanding the statutory warranty provisions, in the case of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. In this regard, the risk of accidental loss or deterioration of the item passes to you upon handover to the person designated for transport. Businesses must report obvious defects immediately and non-obvious defects immediately upon discovery in writing; otherwise, the assertion of a warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The business bears the full burden of proof for all prerequisites of the claim, in particular for the defect itself, for the time of discovery of the defect, and for the timeliness of the notice of defect.

6.5 Rights in the Case of a Minor Defect
In the event of a minor defect, you are entitled only to a reasonable reduction in the purchase price, excluding the right to rescind the contract.

6.6 Damages for Defects
No warranty is provided for damage resulting from improper handling or use. Please note the following disclaimer of liability.

6.7 Statute of Limitations
The warranty period for used goods is 1 year. If you are a business, the warranty for used goods is excluded, and for new goods, the warranty period is 1 year. Excluded from this is the right of recourse under Section 478 of the German Civil Code (BGB). The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, limb, or health, or in cases of willful misconduct or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.

7. Liability
7.1 Disclaimer of Liability
We, as well as our legal representatives and vicarious agents, are liable only for intentional acts or gross negligence. To the extent that material contractual obligations (i.e., obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, we are also liable for slight negligence. In such cases, liability is limited to foreseeable damages typical for this type of contract. With respect to business customers, we are liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damages typical for this type of contract.

7.2 Limitation of Liability
The foregoing disclaimer of liability does not apply to liability for damages resulting from injury to life, limb, or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer of liability.

8. Final Provisions

8.1 Jurisdiction
The same jurisdiction applies if the buyer does not have a general place of jurisdiction within Germany, relocates his domicile or habitual residence outside Germany after the conclusion of the contract, or if his domicile or habitual residence is unknown at the time the action is filed. In all other cases, the buyer’s place of residence shall be the place of jurisdiction for any claims by the seller against the buyer.

8.2 Governing Law
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the buyer is a consumer, this choice of law shall not deprive the buyer of the protection afforded to him or her by the provisions of the country in which he or she has his or her habitual residence and from which, under the law of that country, no deviation is permitted by agreement (mandatory law).

For all current and future claims arising from the business relationship with merchants, including claims based on bills of exchange and checks, the exclusive place of jurisdiction is the seller’s place of business.

8.3 Consumer Dispute Resolution Procedure
The European Commission provides a platform for online dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders initially without going to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.

Our email address is: eshop@lorinser.com

We always strive to resolve any disagreements with our customers amicably. However, we are not willing to participate in dispute resolution proceedings before consumer arbitration boards. Nor are we obligated to do so.

8.4 Severability Clause
The invalidity of any individual provision shall not affect the validity of the remaining terms and conditions.