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 and 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 return the product within 14 days of receipt of the goods without
Statement of reasons in text form (e.g. by email to info@maxpodium.com or via a
Online contact form) (§ 355 BGB). The return must be complete,
unused, with all parts in the original delivery condition. The return
should be in the original packaging if possible, but this is not a requirement
for the effective exercise of the right of withdrawal. The buyer shall bear the direct costs of
Return, 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 received from you
received, including delivery costs (excluding additional costs arising from
result from your choosing a different delivery method than the cheapest one offered by us.
standard delivery), immediately and at the latest within 14 days from the day
to repay the amount of the money you have paid, from the date 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
original transaction, unless something was expressly agreed with you
otherwise agreed; in no event will you be charged any fees for this repayment
calculated.
We may refuse repayment until we have received the goods back or
until you have provided evidence that you have returned the goods, whichever is
whichever is earlier.
3.4 You must return the goods promptly and in any event no later than 14 days from the
day on which you notify us of the cancellation of this contract, to us
or to hand over. The deadline is met if you return the goods before the expiry of the period of 14 days
send.
3.5 You only have to pay for any loss of value of the goods if this
Loss of value to a check of the condition, properties and functioning of the
Goods are not due to necessary handling of them.
3.6 The refund will be made after receipt of the goods in the original packaging and
Delivery condition.
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 is not supplied correctly, completely and on time by his supplier
was concluded if he has concluded a congruent hedging transaction and neither the
Seller or its suppliers are at fault or the Seller is obliged in individual cases to
Procurement is obligated. 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
Shipping. This does not apply if the customer is not aware of the circumstances leading to the impossibility of delivery
which has led to the cancellation of the contract, or if he is temporarily unable to accept the
offered service, unless the seller has provided him with the service a
reasonable time in advance. Furthermore, this applies with regard to the costs of the
Delivery is not possible if the customer effectively exercises his right of withdrawal.
Return costs apply in case of effective exercise of the right of withdrawal by the customer, the
The seller's cancellation policy contains provisions on this matter.
5.5 Self-collection is not possible.
5.6 Delivery will take place within 3 working days.
6) Vouchers, discount campaigns
6.1 Promotional period: The discount promotion is only valid within the specified period.
The promotion is no longer valid after expiry.
Discount and discount code: Customers can benefit from a discount that can be obtained by entering a
special discount codes in the shopping cart or automatically when ordering.
Discount applies only to the specified products and is not valid for already discounted items
applicable unless otherwise stated.
6.2 Redemption of the discount code: If a discount code is required, it must be entered in the
The discount will then be entered in the fields provided during the order process.
automatically deducted from the total amount of the order once the code has been successfully
was 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
of 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
will be 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
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 is
for all disputes arising from the contractual relationship 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 agreed 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 According to Article 13 of the General Data Protection Regulation (GDPR), we would like to inform you
inform you how your personal data is processed in connection with the purchase of our
Products are processed. 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 and warranty
11.2 The statutory liability for defects applies.
11.3 As a consumer, you are asked to check the goods immediately upon delivery for
completeness, obvious defects and transport damage and to inform us and the
Complaints must be reported to the freight forwarder as soon as possible. Failure to do so will result in
no effect on your statutory warranty claims.
11.4 If a feature of the goods deviates from the objective requirements, the
Deviation shall only be deemed agreed if you have accepted it before we submit the contract declaration.
have been informed of the same and the deviation has been expressly and separately
agreed between the contracting parties.
11.5 The seller grants the consumer a statutory warranty in accordance with Section 437
BGB for a period of 24 months from the date of delivery of the goods. The limited
Warranty covers defects in the metal frame structure as well as all material and
Manufacturing defects from the date of purchase.
11.6 For support, repair or warranty inquiries, please email
info@maxpodium.com.
11.7 This warranty does not cover damage caused by wear and tear, improper use or non-
authorized repairs. Counterfeit products are also excluded.
In addition, MaxPodium reserves the right to refuse warranty claims for products or
To refuse services that were acquired and/or provided in violation of applicable laws
were used.
11.8 If the customer acts as a consumer, he is asked to check the delivered goods with
to complain to the deliverer about obvious transport damage and to inform the seller
If the customer does not do so, this will have no effect on
his statutory or contractual claims for defects.