The following General Terms and Conditions are valid for all contracts, deliveries and other services. Possible contradictory business terms of the customer are explicitly excluded. Additional agreements or amendments to the contract are only effective if they are confirmed in writing.
XT Racing is at all times entitled to change or supplement these General Terms and Conditions including all possible enclosures with an adequate term of notice. Orders made previous to possible changes will then be processed according to the old General Terms and Conditions.
Small deviations and technical changes to our pictures or descriptions are possible.
Conclusion of a contract
Your order is an offer to XT Racing for the conclusion of a purchase contract. If you make an order at XT Racing (www.xtracing.com), we will send you an e-mail which confirms the receipt of your order and which lists the details. This order confirmation is not an acceptance of your offer, it merely informs you that we have received your order. A purchase contract only materializes with the shipment of the dispatch confirmation or the delivery of the products.
Shipment, delivery and payment
The delivery will follow ex warehouse to the delivery address given by the customer. The delivery and payment conditions will be pointed out in more detail in the product description. There is no minimum order amount. XT Racing is also entitled to limit the quantity ordered to commercial amounts. We reserve the right to make a partial delivery in so far as this appears to be advantageous for speedy handling and in so far as this is reasonable for you. You will have no additional shipping costs. Special forms of shipment which are requested by our customers will be billed with the customary additional fees.
Payment is due immediately after the binding order. In so far as has not been agreed upon otherwise, payments must be made exclusively with prepayment, credit card or with PayPal credit card. !!
Goods which are in the warehouse will be shipped within 1 up to 2 working days after receipt of payment. If the goods are not available when the order is made, we will strive for delivery as soon as possible. In case the failure to comply with a delivery or service deadline can be traced back to an act of god, industrial conflict, unforeseen complication or other condition for which we are not at fault, the deadline will be extended accordingly. If failure to comply with a delivery deadline is due to another reason than named above, the customer is entitled to set an appropriate new deadline with the threat of rejection and if this new deadline is not met he can cancel the delivery named in the contract or the service from the contract. If the delivery is not possible due to the inability of the manufacturer or our suppliers, both we and the customer can cancel the contract in so far as the agreed upon delivery date has been exceeded by more than 2 months. Claims for damages due to default or inability or failure to fulfil obligations, even those which arose by the withdrawal from the contract, are excluded. That is unless a legal representative of XT Racing has acted deliberately or negligently.
Right of revocation
Customers are entitled to withdraw from the contract within 14 days with giving reasons in text form (e. g. e-mail) or – if the object has been left to you before the expire date – by returning of the goods. The term begins on receipt of this instruction in text form but not before the entrance of the goods at the receiver (by the returning delivery of similar goods not before the entrance of the first part of the delivery). For the protection of the revocation term the punctual sending of the revocation or the goods is enough. The revocation and returns have to be sent to:
XT Racing Address
In the case of an effective withdrawal, the services received by both parties are to be refunded and if necessary the services drawn (e.g. interest) are to be returned. If you cannot refund the services received in full or partially or only in a deteriorated state, you must in this respect pay us compensation for the value. This is not valid if the deterioration of the goods can be exclusively traced back to their check as would have been possible for you in a shop. Incidentally you can avoid the obligation to the worth substitute for one by the introduction as directed of the thing occurred deterioration, while you do not take the thing like your property in use and refrain from everything what impairs their value.
Transportable goods have to be sent back. The customer has to carry the expenses of the return. The customer has to fulfil obligations to the allowance of payments within 30 days after sending of the revocation.
Passing of the risk
With shipment of the goods, by our risk. With returns, the sender carries the risk, in particular the transport risk, until the goods have been received by XT Racing as well as the transport costs.
XT Racing guarantees that the purchased goods were free of material and manufacturing flaws at the time of the transfer of the goods and that they have the guaranteed quality set down in the contract.
Upon receipt, the customer must inspect the goods immediately for flaws and quality. In the case of apparent flaws, these must be reported to us in writing within 5 days after their discovery, the same is valid for latent defects. Otherwise the guarantee for these defects does not apply. The guarantee is for 12 months after shipment.
With complaints, the purchase date must be proven with a bill. The article being complained about with full accessories together with an exact description of the error must be sent in together with a copy of the delivery receipt in the original packaging with suitable outer packaging, with sufficient postage paid. The guarantee does not cover normal wear and tear, and misuse. The guarantee expires if the customer changes the goods delivered. With defects which are the fault of the buyer because of improper handling, the buyer is committed to carry all resulting subsequent improvement and transport costs. XT Racing has the right to subsequent improvement free of charge during the guarantee period.
Reservation of title
XT Racing reserves the title to delivered goods and services until the complete payment of all demands which have resulted or will result on part of the buyer from the business relationship, no matter what kind and which legal ground.
Storage of data
According to § 28 of the Federal Law for the Protection of Data (BDSG), we point out that the data necessary within the scope of the conclusion of the transaction is processed and stored using an EDP system according to § 33 (BDSG). Personal information will of course be treated confidentially. The person making the order explicitly agrees with this raising, processing and use of personal information.
You have the right at any time to free information, notification, blockage and cancellation of your stored data. Please contact us.
We do not give your personal data including your house address and e-mail address to third parties without your explicit consent which can be revoked at any time.
The exception to this is our service partners which need the data for handling the order (e.g. the shipping company which has been assigned with the shipment and the credit institution which the handling of payment has been assigned to).In these cases, the scope of the transmitted data is limited to the necessary minimum.
Concession of rights, customer assessments
If a user decides to write a XT Racing assessment, the user allows XT Racing an exclusive license which is unlimited pertaining to time and place for the further use of the customer assessment for any purpose online as well as offline. XT Racing reserves the right to not show an assessment or to show it for a limited time on the website as well as to shorten or change it. Customer assessments exclusively reflect the opinions of the customers. The contents do not necessarily comply with the opinions of XT Racing.
Place of execution and legal venue
The place of execution and legal venue for both parties is the location of XT Racing (with commercial customers), with private customers the place of execution and legal venue is the location of the customer. In so far as the person making the order resides outside of United Kingdom, the exclusive legal venue is the location of XT Racing. The law of the United Kingdom exclusively applies.
Claims for damages
Under no circumstance shall XT Racing be responsible for any indirect, incidental or consequential damages.
If one of these regulations should be ineffective or challengeable, the effectiveness of the other regulations remains unaffected. In place of the ineffective clause, a legally admissible regulation will take its place which efficiently is closest to it.