General Terms & Conditions
Company data
Company name: JK Speedwayservice e.U.
Owner: Klaus Jan Kochberger
Line of business: Retail trade
Legal form: Registered sole proprietorship
Commercial register number: FN 525007 w
Location of trade permit: Pechhüttenstrasse 4, A-2320 Schwechat, Austria
Phone: +43 664 356 83 66
e-mail: office[at]speedwayservice.at
Member with the Austrian Federal Economic Chamber.
Trade regulation act: www.ris.bka.gv.at
Job designation: Retailer
Controlling authority: District commission Schwechat, Austria
VAT: ATU69779527
Place of jurisdiction: Schwechat
Contents
- Purview
- Offer & contract
- Right of withdrawal
- Prices & shipment costs
- Shipping, acceptance delay
- Payment terms, interests on arrears
- Contract resignations
- Slight changes in service/offer
- Guarantees, investigation & obligation to give notice to defects
- Compensation
- Product liability
- Place of fulfilment
- Risk of loss & transport
- Payment
- Retention of title & its assertion
- Assignment of claim
- Changes of address & copyright
- Customer information: Internal data storage
- Final regulations
General terms of business
(The following Terms and Conditions also contain legal information about your rights according to the regulations about contracts for distance selling and electronic business transactions.)
1. Purview
These general terms of business (Terms and Conditions) are valid for all deliveries of JK SPEEDWAYSERVICE e.U. to consumers (§1 KSchG).
For enterprisers there are special arrangements, which are met between JK SPEEDWAYSERVICE e.U. and the enterpriser.
Consumers are consumers for the purposes of the Consumer Protection Act (KSchG) and therefore natural or legal entities who are no enterprisers.
Legal entities of the public right are always seen as an enterpriser.
2. Offer & contract
The representation of the products in the online store show no juridically binding offer, but an invitation to the customer for ordering. Mistakes and errors are excepted.
By clicking the badge „Order with an obligation to pay“ you deliver an obliging order of the goods listed on the site. You receive a confirmation of the receipt of your order via e-mail (order acknowledgement of receipt) in which the data of your order are listed. This order acknowledgement of receipt shows no acceptance of the offer, but should inform the customer only about the fact that the order has reached us.
A purchase agreement about physical products with us comes about, if we accept the offer of the customer, while we dispatch the ordered product(s) to the customer or confirm the dispatch to the customer with a second e-mail (dispatch confirmation).
If we cannot accept the offer of the customer, the customer is informed about the non-availability. Already produced payments of the customer are immediately refunded.
We are entitled to part deliveries and part accounts any time, provided that these are reasonable to the customer. Provided that part deliveries are carried out without explicit customer wish, we take over the additional shipping & packaging expenses.
The customer will immediately be informed, if there’s any delay in delivery.
3. Right of withdrawal
You have the right to revoke this contract within fourteen days without having to give reasons.
The cancellation deadline is fourteen days from the day on, on which you (or another person named by you, who is not the carrier), have taken possession of the goods delivered.
To use your right of withdrawal, you must inform us by means of an unequivocal explanation (e.g., a letter sent via post, fax or e-mail) about your decision to revoke this contract. Below you find a pattern form for the cancellation.
For the protection of the cancellation term it is sufficient that you send the communication about the exercise of the right of withdrawal before the end of the cancellation deadline.
3.1. Results of the cancellation
If a contract is withdrawn by the customer, we have to refund all payments which we have received from the customer, excluding delivery & packing charges, as well as the fees for certain payment methods. This has to happen at the latest within fourteen days from the day in which the communication about the cancellation of the contract has reached us.
For this repayment we use the same payment method and currency which was used with the original transaction, unless, something else was expressly agreed.
We may refuse the repayment, until we get back the goods.
The customer has to send back the goods immediately (in any case) at the latest within fourteen days from the day in which he has informed us about the cancellation of this contract.
The customer has to bear the immediate costs for returning the goods.
The customer has to pay for any depreciation of the goods only if he has manipulated or wilfully destroyed the product.
3.2. The right of withdrawal does not exist for
- Customised products
- Goods, which are delivered sealed and/or are not suitable for reasons of the health protection or for hygiene reasons to the return, provided that their sealing was removed after the delivery
- Already used or manipulated goods or goods with unequivocal use tracks
- Goods, which were mixed inseparably with other goods
3.3. Important
Please, avoid damages and pollutions.
Please send back the product in original packaging with all accessories and with all packaging components.
If necessary, use a protective packaging.
If you do not own the original packaging any more, please provides with a suitable packaging for a sufficient protection from damages in transit.
4. Prices & shipment costs
The prices quoted on the product sites are gross retail prices and contain the legal sales tax and other price components.
Shipping costs are not included in the gross retail prices. Please see our shipping conditions on our website for further information.
With some payment methods additional fees can occur. Please see our payment conditions on our website.
5. Shipping, acceptance delay
The delivery is only possible to customers who have their residence or usual stay within the EU.
The delivery time for available products is 3-4 days within Austria. For deliveries to other countries and regions please see our shipping conditions on our website.
For out-of-stock products the delivery time can be up to 3 months, the customer will be informed about the expected delivery time.
Only at the end of the time span given by us to the consumer, he/she can explain the contract resignation, granting JK Speedway Service an adequate extension of time.
We are obliged to operate only, if the customer has fulfilled all technical and contractual details, preliminary works and preparatory measures.
If the customer has not agreed on the product as accepted (acceptance delay), we are entitled to store the product, for which we charge for a storage fee of 0.3% of the gross invoice amount per started calendar day. At the same time we are authorized to insist either on contract fulfillment, or to withdraw after an adequate extension of time from the contract and to use the product otherwise.
6. Payment terms, interests on arrears
Apart from contrary arrangements our claims are to be paid in advance.
Without special arrangement the deduction of a discount is not allowed.
7. Contract resignation
Beside the general legal regulations we are also entitled due to acceptance delay or other important reasons to the resignation from the contract.
For the case of resignation due to customers fault we have the choice to demand a compensation of 15% of the gross invoice amount or a refund of the resulted damage.
If the customer withdraws - without being entitled to it - from the contract or he desires it’s annulment unjustifiably, we have the choice to insist on the fulfillment of the contract or to agree to the annulment of the contract; In the second case the customer is obliged to pay a compensation of 15% of the gross invoice amount or the real damage to our choice.
8. Slight changes in service/offer
Slight changes reasonable to the customer of our service, offer or delivery are held as approved. This concerns, for example, the delivery of in form, quality and technical details similar products.
9. Guarantee, investigation & obligation to give notice to defects
We fulfill guarantee claims of the customer if presenting a removable defect of our own choice either by exchange, repair within adequate term or prize decrease.
Only if we are in delay with the fulfillment of the warranty claim, a compensation can be demanded by the customer.
In accordance to §377 UGB the product is to be examined by the customer promptly and at the latest within six working days after the delivery. Ascertained defects have to be announced to us at latest within three working days after their discovery in written form, describing kind and extent of the defect. Concealed defects have to be announced within three working days after their discovery in written form, describing kind and extent of the defect with pictures of the defect.
If a defect claim is not communicated or not communicated within the time span described above, the product is treated as approved by the customer. The guarantee claims are handled according to the regulations of the goods manufacturer and are described, if available, in the attached guarantee document.
Engine parts for racing are excluded from any guarantee, unless there is a obvious material defect or processing mistake.
JK Speedwayservice e.U. is granting no product guarantee but the legal warranty period. The guarantee occurs according to the legal regulations, i.e. 24 months from receiving goods.
If exchange or repair is not possible, the buyer is entitled to a prize decrease or if the defect is not slight, on withdraw from the contract.
The liability for secondary damages as well as other damage to property is excluded.
10. Compensation
All compensation claims against us are excluded in cases of ordinary negligence. The affected person has to prove ordinary or gross negligence.
The regulations contained in these Terms and Conditions about compensation are also valid if the compensation claim is asserted beside or instead of a guarantee claim.
11. Product liability
Recourse according to §12 product liability law are excluded, unless the customer proves that the mistake was caused in our sphere or there has been a case of gross negligence.
12. Place of fulfillment
Place of fulfillment is the company domicile in Schwechat, Austria.
13. Risk of loss & transport
The risk of the accidental damage and the accidental deterioration of the product changes to the customers responsibility as soon as the goods are handed over.
In case of a pick up delivery, where the customer gives an assignment to another person or transport company than the ones we offer, the risk changes to the customer as soon as the goods leave our company.
If the customer gets in delay with the acceptance of the goods, the risk of damage and deterioration changes to the customer from the moment of this delay on.
The product is insured by our carrier up to a value of EUR 265. Should the customer wish a higher insurance, this is to be advised in written form.
14. Payment
The payment is to be made by cash in advance or PayPal. In case of payment via PayPal the charge of the customers account happens after a manual check of the order.
After successful check of the order the customer account is charged and the product is dispatched.
15. Retention of title and its assertion
All goods are delivered under retention of title and remain our property up to the entire payment.
Recall or withdrawal is not not handled as a resignation from the contract unless this is declared by the customer as described under point 7.
With taking back goods we are entitled - regardless of other claims - to settle transport and manipulation expenses.
If the buyer reworks the goods, changes their appearance or function before all our claims and liabilities are fulfilled, he thereby doesn’t gain property of the goods. We win joint property on the new goods in the value of the goods delivered by us compared to the other worked goods at the time of the processing or treatment.The buyer may not pledge goods standing under retention of title.
With any pawn or any other claim by third persons the buyer is obliged to assert our property right and to inform us immediately.
The customer bears the full risk for the product with a retention of title, in particular for the danger of damage, the loss or the deterioration.
16. Assignment of claim
Demands against us may not be resigned without our explicit approval.
17. Changes of address & copyright
The customer is obliged to announce changes of his residential or business address to us, as long as the legal business is not fulfilled completely.
If he omits this communication, informations are valid as received if they are sent to the last announced address.
Plans, sketches or other technical documents remain just like patterns, catalogues, prospectuses, pictures and the like our intellectual property; the customer receives no rights of use or utilization rights.
18. Customer information: Internal data storage
Your order with details to the contract (e.g. product type, price, etc.) will be stored by us. You won’t have access to your orders from the past. You will receive an order confirmation via e-mail.
18. Final regulations
Austrian right is to be applied to this contract, nevertheless, if the Austrian law stands in fundamental conflict with the law of the country the customer has his residence in.
Place of jurisdiction is Schwechat.
Should single regulations of the contract or these conditions be or become ineffective with the customer, the validity of the remaining regulations is not touched through this.
The regulation ineffective is substituted with a regulation which comes close to the economic purpose of the ineffective one.