Terms and Conditions
General terms and conditions of business
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Vouchers, discount promotions
7. Final provisions
8. Alternative dispute resolution
9. Code of Conduct
10. Privacy Policy
11. Liability for defects / statutory warranty -----------------------------------------------------------------------------------------
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Max Racer
GmbH (hereinafter referred to as “Seller”), shall apply in the version valid at the time of the order
exclusively for all contracts for the supply of goods concluded by a consumer or
Entrepreneur (hereinafter "Customer") with the Seller regarding the goods and services
goods presented in his online shop. Deviating general
The customer’s terms and conditions are not recognized and the inclusion
contradicted by the customer's own terms and conditions, unless otherwise
agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction
purposes which are predominantly neither commercial nor independent
can be attributed to professional activity.
1.3 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a
a partnership with legal capacity which, when concluding a legal transaction, is exercising its
commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The subject of the contract is the sale of goods.
2.2 The customer can make an offer via the integrated online shop of the seller.
online order form. The customer collects the selected goods via the
Button “Buy Now” or “Experience the Convenience Today!” in a virtual shopping cart.
Binding submission of the order via the online order form of the seller, the
Customer possible input errors by carefully reading the information on the screen
An effective technical means for better
Detection of input errors can be the magnification function of the browser, with
which enlarges the display on the screen. The user can
Customer within the scope of the electronic ordering process as long as the usual
Correct keyboard and mouse functions until he clicks the button to complete the order process
To complete the order process on the summary page with the button “Payable
To correct the product displayed in “order” or its quantity, please return to the
Shopping cart back using the arrow key provided in the browser.
2.3 The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Via the corresponding
button in the navigation bar you can access the "Shopping Cart" and there at any time
Make changes.
After accessing the "Checkout" page and entering your personal data and payment
and shipping conditions, the order data will be sent to you as an order overview
Before submitting your order, you have the opportunity to change the details in the
To check the order overview again, to change it (also via the "back" function of the
Internet browser) or cancel the purchase.
By submitting the order via the button ('Buy now', 'payable
order' or a similar unambiguous designation) you declare legally binding
Acceptance of the offer, whereby the contract is concluded.
2.4 The customer can then submit the offer by clicking on the “Continue to checkout” button.
Completion of the electronic ordering process, in which the customer enters his billing details
completed, if necessary enters a different delivery address, checks the order and the
Selects the payment method (prepayment, PayPal, credit card, SOFORT transfer or Giropay),
he can use the button “order with payment”, a legally binding
Make a contractual offer with regard to the goods contained in the shopping cart. The offer
can only be submitted if the customer accepts these terms and conditions and the
consents to data processing. These Terms and Conditions thereby become part of the contract.
2.5 The contract text will be saved by the seller after the conclusion of the contract and
Customer after sending his order in text form (e.g. e-mail or letter)
Any further disclosure of the contract text by the
Seller does not occur.
2.6 Before submitting the order, the customer can correct possible input errors by
careful reading of the information displayed on the screen.
To detect input errors, you can use the browser's zoom function.
The customer can save his entries within the electronic ordering process as long as
using the usual keyboard and mouse functions until he clicks the button which
completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 The processing of the order and transmission of all information related to the
The information required to conclude the contract is sent by email, partly automatically.
Therefore, you must ensure that the email address you have provided to us
is correct, the receipt of the emails is technically guaranteed and in particular not by
SPAM filter prevents.
3) Right of withdrawal
3.1 The buyer has the right to withdraw from the product within 14 days of receipt of the goods without giving any reason in writing (e.g. by email to info@maxpodium.com or via an online contact form) (§ 355 BGB). The return should be made in the original packaging, if possible; however, this is not a
Prerequisite for the effective exercise of the right of withdrawal.
The buyer is only liable for any loss of value of the goods if this
Loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The seller shall bear the direct cost of returning the goods, unless otherwise agreed.
The refund will be made within 14 days of receipt of the returned goods.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and send
Return it.)
To:
Max Racer GmbH
Email: info@maxpodium.com
Date: ______________
I/we () hereby revoke the contract concluded by me/us () for the purchase of the
the following goods/provision of the following service:
Order number: ______________
Product name: ______________
Ordered on / received on: ______________
Consumer's name: ______________
Consumer's address: ______________
Consumer’s signature (required only for paper notification):
______________
3.2 If you withdraw from this contract, we will reimburse you all payments that we have received from you, including delivery costs (except for the supplementary costs resulting from your choice of a type of delivery other than the cheapest type offered by us).
standard delivery), immediately and at the latest within 14 days from the day on which we receive notification of your cancellation of this contract
has been received.
3.3 For this refund we will use the same means of payment that you used for the
You used the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back.
3.4 You must return the goods to us immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract.
or to hand it over. The deadline is met if you send the goods before the expiry of the 14-day period.
3.5 You only have to pay for any loss of value of the goods if this
Loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
3.6 Refunds will be issued upon receipt of the returned products.
The Buyer may test the Products to the extent necessary to verify the
nature, properties and functionality are required.
Further use of the products that may lead to wear or
Damage may give rise to an obligation to pay compensation.
Returning the products in their original packaging is recommended, but is not a prerequisite for the effective exercise of the right of withdrawal.
4) Prices and payment terms
4.1 The prices stated by the seller are total prices and include the statutory
VAT. Any additional delivery and shipping costs will be added to the
specified separately in the respective product description.
4.2 The payment option(s) will be made available to the customer on the homepage of the online shop
of the seller under information under the heading “Payment methods”. The payment of the
The purchase price is due immediately upon conclusion of the contract. If the customer chooses "advance payment", the customer
obliged to pay immediately after conclusion of the contract.
4.3 When paying using a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie, SCA,
22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to
PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not
has a PayPal account – subject to the terms and conditions for payments without
PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.4 If you select the credit card payment method, the payment amount will be charged from the credit card
(MasterCard, American Express or VISA) and credited to the seller.
The customer must provide the credit card number, the validity of the credit card and the
If the customer's credit card is not registered for 3D Secure (Verified by Visa or
MasterCard SecureCode), the customer will be asked for security questions
forwarded to his bank. The purchase price owed will be debited with the
Shipping of the goods.
4.5 If you select the payment method “SOFORT”, the payment will be processed via the
Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter
“SOFORT”). In order to pay the invoice amount via SOFORT, the customer must
via an online banking account activated for participation in SOFORT with
PIN/TAN procedure, identify themselves accordingly during the payment process and
Confirm the payment order to SOFORT. The payment transaction will be processed immediately
The payment is then processed by SOFORT and the customer's bank account is debited.
Information on the payment method “SOFORT” can be found online at
https://www.klarna.com/sofort/.
4.6 If you select the payment method giropay, the payment will be processed via giropay
GmbH, An der Welle 4, 60322 Frankfurt/Main (hereinafter referred to as “giropay”). When paying with
giropay, the customer is transferred from the online shop to his credit institution via a secure connection
Here the customer carries out the transfer in the familiar online banking environment
his bank and is then redirected back to the shop pages.
Seller receives a payment guarantee from the bank of the
Customers. The money will be credited to the seller’s account within two banking days
By making the online transfer in the secure
online banking environment of his credit institution, it is guaranteed that sensitive data
(PIN/TAN) are only exchanged between the customer and his bank. Personal
The customer’s account and transaction information therefore remains confidential.
5) Delivery and shipping conditions
5.1 When processing the transaction, the information provided by the customer in the electronic ordering process
The delivery address provided is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the
The customer shall bear the reasonable costs incurred by the seller as a result. This applies with regard to
The costs for delivery shall not apply if the customer effectively exercises his right of withdrawal.
The return costs apply if the customer effectively exercises his right of withdrawal
the provisions in the seller’s cancellation policy apply.
5.3 If the product is permanently unavailable and the customer has chosen PayPal as the payment method,
SOFORT Überweisung or giropay is selected, so that the contract is concluded according to section 2.6
of these Terms and Conditions, the Seller has the right to withdraw from the contract if the Seller has not been supplied correctly, completely, and on time by its upstream supplier, if the Seller has concluded a congruent hedging transaction and neither the Seller nor its upstream supplier is at fault, or if the Seller is obligated to procure the goods in the individual case. Any payments made by the Customer to the Seller will be refunded immediately.
5.4 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this shall not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy shall apply to the return shipping costs.
5.5 Self-collection is not possible.
5.6 Delivery will take place within 3-5 working days.
6) Vouchers, discount campaigns
6.1 Promotion Period: The discount promotion is only valid within the specified period. After this period, the promotion is no longer valid.
Discount and discount code: Customers can benefit from a discount by entering a special discount code in the shopping cart or automatically applied upon ordering. The discount applies only to the specified products and is not applicable to items already on sale, unless otherwise stated.
6.2 Redemption of the discount code: If a discount code is required, it must be entered in the
The code must be entered in the designated fields during the checkout process. The discount will then be automatically deducted from the total order amount once the code has been successfully entered.
6.3 Restrictions and exceptions: The discount is only valid for the products included in the
Action description must be explicitly mentioned.
Validity: The discount code is only valid during the promotional period and expires after the promotional period. After this period, the discount code can no longer be redeemed.
6.4 Data protection: All personal data collected, processed and used
are treated in accordance with applicable data protection regulations. Further information can be found in the privacy policy.
7) Final provisions
7.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of
Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
7.2 If the customer is a merchant, a legal entity under public law or
is a special fund under public law, the place of performance and exclusive jurisdiction for all disputes arising from the contractual relationship is Nuremberg.
8) Alternative dispute resolution
8.1 The EU Commission provides a platform on the Internet at the following link for
Online dispute resolution available: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
8.2 The Seller is obliged to participate in a dispute resolution procedure before a
Consumer arbitration board is neither obliged nor willing to do so. Should this change in the future, the seller will name the responsible consumer arbitration board here.
9) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Trade”, which is available on the Internet at
https://www.fairness-im-handel.de/teilnahmebedingungen/ can be viewed.
10) Data protection
10.1 Pursuant to Article 13 of the General Data Protection Regulation (GDPR), we would like to inform you about how your personal data is processed in connection with the purchase of our products. Detailed information on the processing of your data can be found in our Privacy Policy.
10.2 Responsible for data processing is: Max Racer GmbH info@maxpodium.com
11) Liability for defects / statutory warranty
11.1 The statutory liability for defects applies.
11.2 As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
11.3 If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
11.4 The seller is liable for defects within the scope of statutory liability for defects pursuant to Section 437 of the German Civil Code (BGB) for a period of 24 months from the date of delivery of the goods. This covers, in particular, material and processing defects, as well as defects in the metal frame structure, which were already present at the time of delivery of the goods.
11.5 Statutory warranty rights do not extend to damage caused by normal wear and tear, improper use, or unauthorized repairs. Claims for counterfeit products or goods acquired or used in violation of applicable laws are also excluded.
11.6 Please send inquiries regarding defects, repairs or other support by email to info@maxpodium.com.
11.7 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory claims for defects.