General terms and conditions
(Updated: October 09, 2019)
ITG GmbH Internationale Spedition und Logistik, Eichenstr. 2, 85445 Schwaig/Oberding, Germany,
HRB no.: 66157, District Court Munich, VAT ID no.: DE 129 39 0048, Managing Directors authorized to represent the company: Holger Funk, Patrick Lindig
For all business relationships associated with the online shop, the following General Terms and Conditions (GT&Cs) apply between ITG GmbH Internationale Spedition und Logistik (hereinafter referred to as the “Merchant”) and the Customer* in regard to all services associated with the aforementioned business relationship.
2.Conclusion of a contract
2.1.The product descriptions contained in the online shop of the Merchant are not binding offers for the conclusion of a contract with the Merchant. They merely represent an invitation for the Customer to submit a binding offer.
2.2.The contract with the Merchant shall be concluded in case of acceptance of the Customer’s offer by the Merchant.
2.3.The Customer can initially place the products in the shopping cart without obligation and use the correction aids provided and explained in the order process to correct their entries at any time before sending their binding order. When the Customer orders the desired goods by clicking the “Order with obligation to pay” button, the Customer submits a binding offer to conclude a purchase contract.
2.4.The Merchant may accept the Customer’s offer within five (5) days by sending the Customer a confirmation letter (e.g., by e-mail). If the Merchant does not accept the offer within the period, then this is considered to be a rejection of the offer. In this case, the Customer is no longer bound to their offer.
2.5.Acceptance of the offer is stored by the Merchant. After placement of an order, the Customer receives a message confirming this in the browser window; this message includes the option to print the order confirmation. In addition, the order is stored in the online shop of the Merchant and can be retrieved by the Customer in their Customer area after entry of their login data at any time under the menu item “My account / Orders.”
3.Right of withdrawal
3.1.The Customer has a statutory right of withdrawal in accordance with section 312g (1), 355 of the German Civil Code (BGB) with regard to their declaration of intent to conclude a purchase contract in the online shop.
3.2.The right of withdrawal does not apply to business owners/operators.
3.3.The right of withdrawal does not apply to Customers whose habitual residence at the time of conclusion of the contract is not in a member state of the European Union.
3.4.More detailed information on the right of withdrawal can be found in the Merchant’s withdrawal policy, which can be viewed at the following URL: https://www. recaro-shop.com/widerrufsrecht.
4.Prices/terms of payment
4.1.The prices stated in the online shop of the Merchant are final prices, including statutory VAT; however, shipping costs are not included in these prices. The shipping costs depend on the place of delivery. More details can be found under Shipping and payment.
4.2.In case of deliveries to countries outside the European Union, further costs for which the Merchant is not responsible and which are to be borne by the Customer may be incurred in individual cases. These costs may include expenses for transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of funds if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3.The following payment options are available to the Customer: Visa or MasterCard credit card, Paypal, instant bank transfer provided by Sofort GmbH, and payment in advance. For all payment methods, the Merchant cooperates with service provider BSPAYONE. BSPAYONE GmbH, Lyoner Strasse 9, D-60528 Frankfurt/Main, www.bspayone.com.
4.4.If payment method “credit card” is selected, the Customer’s credit card will be charged when the invoice is issued. In the event of a return, the amount will be refunded to the Customer with the issue of a credit to the credit card. - Verified by VISA helps ensure that payments are made by the rightful Visa cardholder and makes online purchases more secure. The goal is to make online transactions as secure, fast, and convenient as in-store purchases. Visa offers cardholders comprehensive fraud protection at all times, and Verified by Visa provides an additional layer of security to protect your identity and your online purchases. - 3D-Secure Mastercard® Identity Check™ (SecureCode™) is an authentication procedure for even more secure shopping on the Internet. During the payment process, the online shop sends a request to the card-issuing bank.
4.5.If the payment method “Instant bank transfer provided by Sofort GmbH” is selected, the Customer will be redirected to the website of online provider of instant bank transfer Sofort GmbH after the order is submitted. In order to be able to pay the invoice amount using instant bank transfer, the Customer must have an online banking account with PIN/TAN procedure that has been activated for participation in the instant bank transfer provided by Sofort GmbH payment method. The Customer must also prove their identity accordingly and confirm the payment instruction to the Merchant. The Customer receives further instructions during the ordering process. The payment transaction will be executed immediately afterwards by Sofort GmbH, and the Customer’s account will be debited. In the event of a return, the amount will be refunded to the Customer with the issue of a credit to the specified account.
4.6.If the payment method “PayPal” is selected, the payment will be processed by payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.
5.Delivery and shipping conditions
5.1.Delivery usually takes place within five (5) working days (Monday to Friday, public holidays excluded) after issuance of the payment order to the remitting credit institution (in case of advance payment) or after conclusion of the contract (in case of PayPal or credit card), provided that the place of delivery is in Germany. Deliveries abroad may take longer.
5.2.The goods shall be shipped to the delivery address specified by the Customer during the ordering process.
6.Retention of title
6.1.If the Merchant provides performance in advance, the Merchant shall retain title to the delivered goods until the purchase price owed has been paid in full. During existence of the retention of title, the goods subject to retention of title must be treated with care.
6.2.As long as the Merchant is the owner of the goods, the Customer shall notify the Merchant without undue delay of any access by third parties to the goods, in particular of any legal enforcement measures, any damage, or any destruction of the goods. The Customer must notify the Merchant immediately of a change of ownership of the goods and of their own change of address.
6.3.The Customer shall compensate the Merchant for any damage and costs arising from a breach of these obligations and from necessary intervention measures against third-party access to the goods.
6.4.The Customer is not entitled to resell and/or process the goods subject to retention of title. If the Customer nevertheless sells the goods, they thereby assign to the Merchant all claims accruing to them against a third party as a result of the resale. The Merchant hereby accepts the assignment.
7.Information on liability for defects, statute of limitations on warranty rights
The statutory provisions on liability for defects, statute of limitations, and warranty shall apply.
8.1.In case of damage caused by intent or gross negligence of the Merchant, the Merchant shall be fully liable. In the event of negligent breach of a material contractual obligation (a so-called cardinal obligation), the Merchant shall only be liable for compensation for typical and foreseeable damage.
8.2.The statutory liability in case of injury to life or health, personal injury, and injury under the Product Liability Act shall remain unaffected.
8.3.Any liability of the Merchant going beyond the cases governed in 8.1 and 8.2 is excluded.
8.4.The Merchant is not liable for the timeliness, accuracy, completeness or quality of the information provided on www.recaro-shop.com.
8.5.Insofar as the Merchant provides access to other websites via links, it is not responsible for the third-party content contained on the linked websites; the Merchant does not evaluate the corresponding websites. The Merchant does not adopt the external content as its own. The Merchant also has no influence on the design and content of the linked pages and, as a precaution, expressly distances itself from all content of all linked sites on the website.
9.1.The Merchant undertakes to protect the privacy of all persons who purchase from it and to keep their personal information confidential. This is based on the applicable legal provisions, including Germany’s Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (Regulation (EU) 2016/679). The personal information received from the Customer shall be retained for ten (10) years. However, the Customer has the right to delete their personal information at any time. The Merchant shall be notified in text form of the assertion of the right of deletion.
9.2.The Merchant shall use the personal information exclusively to fulfill the contract concluded with the Customer. Your entered personal data will be forwarded to RECARO Holding GmbH, Jahnstraße 1, 70597 Stuttgart, Germany, for the purpose of internal customer analysis and, in the case of a legitimate interest according to §§ 15 AktG (German Stock Corporation Act), also to companies affiliated with RECARO Holding GmbH. Any further use of the collected personal information, such as for advertising purposes, shall not take place without the Customer’s consent.
9.3.The Merchant is obliged to take sufficient technical and organizational measures to protect personal information before processing it. These measures are intended to protect the personal information in particular against unauthorized disclosure or access and against all other unlawful forms of processing.
9.4.The personal information will be processed only within EU member states. The EU General Data Protection Regulation (Regulation (EU) 2016/679) applies to the personal information.
9.5.In case of commissioned data processing for the Merchant by a third party, the Merchant shall be obliged to choose a data processor that can ensure technical and organizational protection in accordance with this “Data protection” section. 9.6.The Merchant shall grant the data subjects whose personal information is transmitted to it or to which it obtains access the right of inspection, correction, and deletion.
10.Information on online dispute resolution
10.1.The EU Commission provides an Internet platform for online dispute resolution (also referred to as the ODR platform). This ODR platform is intended to serve as a contact point for out-of-court settlement of disputes in conjunction with contractual obligations arising from online purchase contracts. The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr.
10.2.The e-mail address of the Merchant is: [e-mail address]. The Merchant is neither willing nor obliged to settle disputes with consumers before an arbitration board.
The image rights are held by RECARO.
12.Applicable law and place of jurisdiction
12.1 All legal relationships between the Merchant and the Customer are to be governed by the laws of the Federal Republic of Germany, excluding the laws on international sale of movable goods known as the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980. The place of jurisdiction is Munich.
12.2.If the Customer is a consumer, the mandatory consumer protection laws of the country in which the Customer has their habitual residence shall apply insofar as they provide further protection.
13.1.Amendments to the contract between the Merchant and the Customer must be made in writing to be effective. The same shall apply to any amendment of this written form requirement.
13.2.The contract between the Merchant and the Customer contains the entirety of the agreements existing between the parties. Other agreements, ancillary agreements, or terms and conditions do not exist.
13.3.The invalidity of individual provisions of the contract concluded between the Merchant and the Customer, including these GT&Cs, shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective provisions that come closest to the intended purpose of the invalid provisions in terms of economic effect. This also applies in the event of contractual gaps.
* The term “Customer” is used to refer to women, men, and intersex persons on a neutral basis.