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Terms and Conditions


Consumer Information (as of 2018)
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General Terms and Conditions

§ 1 Scope

(1) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. These are an integral part of all contracts concluded with our customers (hereinafter referred to as "Customer" or "Buyer") for the goods we offer. The General Terms and Conditions of Sale expressly also apply to the product range in our online shop at http://shop.vogtland.com (hereinafter referred to as the "Online Shop").
(2) Other terms and conditions shall not apply, even if we do not expressly object to their validity in individual cases.
(3) Our sales staff is not authorized to make verbal agreements with the customer in connection with the contract that deviate from the order form or these General Terms and Conditions.

§ 2 Offer and Conclusion of Contract

(1) In the event of the conclusion of a contract, the contract is concluded with VOGTLAND Autosport GmbH, legally represented by the managing directors Paul-Bernd Vogtland and Martin Vogtland, Alemannenweg 25–27, 58119 Hagen, Germany, phone: +49 2334 801-36, fax: +49 2334 801-24, registered with the local court of Hagen under registration number HRB 3707.

(2) The presentation of goods in brochures, advertisements, and other promotional materials, as well as in our online shop or at trade fairs, is non-binding and merely constitutes an invitation to the customer to submit an order. By placing an order, the customer makes a binding offer to conclude a purchase agreement.

(3) In the case of an order placed via our online shop, the following process applies: The customer selects the desired product and places it in the shopping cart by clicking the corresponding button. After viewing the contents of the cart and proceeding to checkout, the customer enters their personal data. Before submitting the order, the customer is shown the general terms and conditions along with the cancellation policy and must confirm that they have read and accepted them. Finally, after reviewing the order summary, the customer submits a binding offer by clicking the button “Order with obligation to pay.” Receipt of the order is then confirmed by an automatically generated email. The contract is concluded upon our acceptance of the offer, which will be sent to the customer by email within one week. This email also contains the concluded contract and the applicable general terms and conditions. We store the content of the contract, but it is no longer accessible to the customer via the internet.

(4) During the ordering process in the online shop, the customer has the opportunity to check and correct their entries before the final submission of the order. This can be done by using the “Edit” function for the billing address, shipping address, shipping method, or payment method. To change the selected product, the customer can use the “Edit cart” function, which will require the order details to be entered again. The entire ordering process can be cancelled at any time by closing the internet browser.

(5) The customer is bound by their submitted order for a period of 14 calendar days after dispatch. We are entitled to accept the offer within this period. The decisive point for compliance with the deadline is the time at which our declaration of acceptance is received by the customer.

§ 3 Right of Withdrawal for Consumers

(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the last item.
To exercise your right of withdrawal, you must inform us (VOGTLAND Autosport GmbH, Alemannenweg 25–27, 58119 Hagen, Germany, phone: +49 2334 801-36, fax: +49 2334 801-24, email: vertrieb@vogtland.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal:
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or you have supplied evidence that you have sent back the goods, whichever is the earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling the goods in a way that was not necessary for checking their quality, characteristics, and functionality.

(2) We will confirm receipt of the withdrawal declaration on a durable medium.

(3) The right of withdrawal expires, in any case, twelve months after the conditions for the start of the withdrawal period have been fulfilled, regardless of whether or not the withdrawal instructions were provided properly.

§ 4 Prices and Payment

(1) Our prices include statutory VAT but do not include shipping costs. You are also responsible for any customs duties or similar charges. We will inform you of the applicable shipping costs and any other charges before the contract is concluded.

(2) Unless explicitly agreed otherwise, we deliver only against advance payment (as specified in the order form in our online shop), via PayPal, or cash on delivery, in each case accompanied by an invoice.

(3) If the customer chooses advance payment or PayPal, the purchase price is due immediately upon conclusion of the contract. If we deliver via cash on delivery, the purchase price becomes due upon receipt of the goods.

§ 5 Delivery and Delivery Time

(1) Unless explicitly stated otherwise in the product description, all items we offer are ready for immediate shipment.

(2) Any delivery times specified by us at the time of order or otherwise agreed upon begin as follows:
(a) If payment by advance payment or PayPal has been agreed, the delivery period begins on the day we receive the full purchase price (including VAT and shipping costs); or
(b) If payment by cash on delivery has been agreed, the delivery period begins on the day the purchase contract is concluded.

(3) Even if goods are marked as "in stock" on the order form, we reserve the right to sell out such goods at any time, provided that:
(a) the order form includes a note on the limited availability of the goods; or
(b) the payment is made by advance payment and we do not receive payment within five working days of accepting the offer. In these cases, shipment within the agreed or specified delivery period will only occur as long as stock is available.

(4) The maximum delivery period is 30 days.

(5) If our supplier fails to deliver goods marked as "out of stock" on the order form or goods sold out as per paragraph 3 in a timely manner, the delivery period specified in this § 5 shall be extended until we receive the goods from our supplier, plus an additional three working days, but in no case more than two weeks, provided that we are not responsible for the delay and have immediately reordered the goods.

(6) If the goods are not available or not available on time due to one of the reasons mentioned in paragraph 5, we will notify the customer immediately. If the goods are unavailable for the foreseeable future from our suppliers, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately refund any payments made by the customer. The customer's statutory rights in case of delivery delay remain unaffected, with the customer being entitled to claim damages only under the specific conditions set out in § 7 of these Terms and Conditions.

(7) We are entitled to make partial deliveries of separately usable products included in an order, with any additional shipping costs incurred being borne by us.

§ 6 Shipping

(1) Unless explicitly agreed otherwise, we determine the appropriate shipping method and carrier at our reasonable discretion.
(2) The risk of accidental destruction, accidental damage, or accidental loss of the delivered goods passes to the customer at the point in time when the goods are delivered to the customer or when the customer is in default of acceptance.
(3) The shipping costs are to be borne by the buyer.

§ 7 Warranty and Liability

(1) In case of defects in the delivered goods, the buyer is entitled to the statutory rights.
(2) No warranty is provided for defects arising from unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, normal wear and tear, or defective or negligent handling, nor for the consequences of improper modifications or repairs made by the buyer or third parties without our consent.
(3) The warranty period is two years from delivery.
(4) Our liability for damages, regardless of the legal basis (particularly in cases of delay, defects, or other breaches of duty), is limited to the typical, foreseeable damage under the contract.
(5) To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, agents, legal representatives, and vicarious agents.
(6) The above limitations of liability do not apply to our liability for intentional conduct or gross negligence, for guaranteed qualities, for injury to life, body, or health, or under the Product Liability Act.

§ 8 Warranty

If additional warranties apply to products in the field of suspension technology, the customer will be separately informed about them during the conclusion of the contract.

§ 9 Retention of Title

(1) We retain ownership of the delivered goods until the full payment of the purchase price, including VAT and shipping costs for these goods, has been made. During the period of retention of title, the buyer may not sell or otherwise dispose of the goods (hereinafter referred to as "retained goods").
(2) In the event of third-party claims – especially by bailiffs – on the retained goods, the buyer must point out our ownership and immediately notify us so that we can enforce our ownership rights.
(3) In case of breach of contract by the buyer, especially in the event of payment arrears, we are entitled to demand the return of the retained goods if we have withdrawn from the contract.

§ 10 Industrial Property Rights and Copyright

(1) The customer is granted a non-exclusive right to use the software delivered with the goods in connection with the use of the goods.
(2) The customer is not entitled to make copies of the software, except for the purpose of use under § 10 (1) or for backup purposes.
(3) The customer may transfer the rights granted to them in the software to a third party only if the ownership of the corresponding product (especially hardware) is transferred to the third party, and the customer does not retain copies of the software.
(4) We are in no case obliged to disclose the source code of the software.

§ 11 Data Protection

(1) We collect and use the personal data of our customers exclusively for processing their orders. The data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG), and other data protection laws.
(2) In order to deliver the goods to the customers, we need their personal data. This applies both to the delivery of ordered goods and to responding to individual inquiries. If customers instruct us to send goods, we collect and store their personal data only to the extent necessary for the performance of the contract. It may be necessary to pass on the personal data of customers to our service partners who require the transmission of data to process the order (e.g., the shipping company commissioned with the delivery and the bank commissioned with payment processing).
(3) The transmission to authorized state institutions and authorities will only occur within the framework of legal obligations or if we are required to provide information by a court decision.
(4) After full completion of the contract, the customer data will be blocked and deleted after the expiry of tax and commercial law retention periods, unless the customer has explicitly consented to further use of the data.
(5) Customers may request free information about their stored data at any time without providing a reason. They can also request the blocking, correction, or deletion of their data, or object to data collection and storage at any time. Additionally, they can revoke their consent to the collection and use of their data without providing a reason. To do so, customers must contact the address provided in the imprint. We are always available for any further questions regarding our data protection policy and the processing of personal data.

§ 12 Language of the Contract, Choice of Law, Place of Performance, and Customer Hotline

(1) The language of the contract is exclusively German.
(2) The purchase contract between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory international private law provisions dictate otherwise.
(3) For inquiries, we are available during regular business hours at the following telephone number: +49 2334 801-36.


General Terms and Conditions of Sale of VOGTLAND Autosport GmbH

Scope

  1. These General Delivery and Payment Terms are agreed upon between the contracting parties. Terms and conditions of the partner that are not explicitly acknowledged by us in writing are not valid.

General Provisions

  1. The contracting parties will promptly confirm verbal agreements in writing.

  2. Orders become binding only upon our order confirmation.

  3. The specifications and images in brochures, catalogs, and on the internet are approximate industry-standard values unless explicitly stated as binding by us.

Prices

  1. Our prices are in Euros unless otherwise stated, excluding VAT, packaging, freight, postage, and insurance.

Payment Terms

  1. All invoices are due for payment within 30 days from the invoice date. A 2% discount is granted for payments made within 10 days of the invoice date, provided the partner is not in arrears with any other claims. For new customers, we reserve the right to require payment methods such as cash on delivery, direct debit, or advance payment.

  2. If we have delivered partially defective goods that are undisputed, the partner is still obliged to pay for the defect-free portion, unless the partial delivery is of no interest to them. In all other cases, the partner may only offset claims that have been legally determined or are undisputed.

  3. In the event of overdue payment, we are entitled to charge default interest at the rate charged by the bank for overdrafts, but at least 8 percentage points above the base rate according to § 247 of the German Civil Code (BGB).

  4. In the event of payment default, we may suspend the fulfillment of our obligations upon written notice to the partner until payment is received.

  5. Bills of exchange and checks are only accepted by agreement and only for payment purposes, provided they are discountable. Discount charges will be applied from the due date of the invoice amount. We do not guarantee the timely presentation of the bills of exchange and checks or the protest of them.

  6. If a significant risk to our payment claim arises after the conclusion of the contract due to a material deterioration in the partner's financial situation, we may demand advance payments or security within a reasonable period and refuse performance until our request is fulfilled. A significant deterioration in the financial situation is assumed if the partner is in default of payment. If the partner refuses or the deadline expires fruitlessly, we are entitled to withdraw from the contract or claim damages for non-performance.

Delivery

  1. Unless otherwise agreed, we deliver "ex works." The compliance with the delivery date or delivery period is determined by the notification of readiness for shipment or collection by us.

  2. The delivery period begins with the dispatch of our order confirmation and is extended reasonably if the conditions of item 42 apply.

  3. Partial deliveries are permissible to a reasonable extent and will be invoiced separately.

  4. For manufacturing-related reasons, deliveries in excess or below the total order quantity of up to 10% are permissible. The total price will change accordingly.

Shipping and Transfer of Risk

  1. Goods that are reported as ready for shipment must be immediately accepted by the partner. Otherwise, we are entitled to either ship them at our discretion or store them at the partner's cost and risk.

  2. If no special agreement exists, we will choose the mode of transport and transport route.

  3. The risk passes to the partner upon handover to the railway, forwarder, or carrier, or when storage begins, but at the latest when leaving the works or warehouse, even if we have taken over the delivery.

Delivery Delays

  1. If delivery is delayed due to a circumstance mentioned in item 42 or due to actions or omissions by the partner, a reasonable extension of the delivery period will be granted.

Retention of Title

  1. We retain ownership of the delivered goods until all claims from the business relationship with the partner have been fulfilled.

  2. The partner is entitled to sell the goods in the ordinary course of business as long as they fulfill their obligations to us in a timely manner. However, they may not pledge or transfer the goods as security. They are obliged to protect our rights in the event of a credited resale of the goods.

  3. In case of payment default by the partner, we are entitled to demand the return of the goods, even without withdrawing from the contract, at the partner's cost, after a reasonable grace period.

  4. The partner assigns to us any claims and rights arising from the sale or possible rental of goods to which we hold ownership rights as security. We hereby accept the assignment.

  5. Any processing or reworking of the goods retains our ownership. If the goods are processed with items not owned by us, we acquire co-ownership in the new item based on the invoice value of the retained goods in relation to the other items processed or mixed at the time of processing or mixing. If our goods are combined or mixed with other movable items into a single entity, and the other item is regarded as the principal item, the partner transfers to us proportional co-ownership, to the extent the principal item belongs to them. The partner holds the ownership or co-ownership in trust for us.

  6. The partner must immediately inform us of third-party enforcement measures against the retained goods, the assigned claims, or other securities and provide the necessary documents for intervention. This also applies to other impairments.

  7. We will release the securities to which we are entitled according to the above provisions upon the partner’s request if the value of the goods delivered under retention of title exceeds the secured claims by more than 10%.

Warranty

  1. We guarantee the proper manufacturing of the goods delivered by us according to the agreed technical delivery specifications. If we are to deliver according to drawings, specifications, samples, etc., from the partner, the partner assumes the risk of suitability for the intended use. The condition of the goods under the contract is determined at the time of the transfer of risk according to item 18.

  2. Warranty is explicitly excluded for removal and installation costs as well as claims for damages that may arise due to defective delivery.

  3. No warranty is provided for defects arising from improper use, faulty assembly or commissioning by the partner or third parties, normal wear and tear, or improper or negligent handling, nor for the consequences of unauthorized changes or repairs made by the partner or third parties.

  4. The warranty period is, unless otherwise agreed, in accordance with the law.

  5. Visible defects must be reported by the partner immediately after receipt of the goods at the destination. Hidden defects must be reported immediately, but at the latest within the legal warranty period after discovery of the defect in writing.

  6. If an acceptance of the goods or a first sample inspection was agreed, the partner’s claim for defects is excluded if they could have detected the defects during careful acceptance or sample inspection. If no acceptance or first sample inspection was agreed, the legal regulations apply.

  7. We must be given the opportunity to examine the reported defect. If requested, the defective goods must be returned to us immediately; we will cover the transport costs if the defect claim is justified. If the partner does not comply with these obligations or makes changes to the already complained goods without our consent, they lose any warranty claims.

  8. In the case of a justified, timely defect claim, we will, at our discretion, either repair the defective goods or deliver defect-free replacements. In the case of bulk deliveries, the partner must promptly allow us to sort out the defective goods.

  9. If we do not fulfill these warranty obligations or do not do so in accordance with the contract within a reasonable period, the partner may set a final deadline in writing within which we must fulfill our obligations. After the deadline expires without success, the partner may request a price reduction, withdraw from the contract, or carry out the necessary repairs themselves or have them carried out by a third party at our cost and risk. If the repair is successfully carried out by the partner or a third party, all claims of the partner are settled with the reimbursement of the necessary costs incurred.

Guarantee

  1. The warranty provisions for products in the field of suspension technology apply only to the legal relationship between VOGTLAND Autosport and the end consumer (not to the partner).

Other Claims, Liability

  1. Unless stated otherwise below, any other and further claims of the partner against us are excluded. This specifically applies to claims for damages due to delay, impossibility of performance, negligent violation of contractual ancillary obligations, fault in contract negotiation, and tort. We are therefore not liable for damages not caused to the delivered goods themselves, especially for lost profits or other financial losses of the partner.

  2. The above liability limitations do not apply in cases of intent, gross negligence of our legal representatives or senior employees, or negligent violation of essential contractual obligations. In the event of negligent violation of essential contractual obligations, we are liable only for the typically foreseeable damage.

  3. The liability limitation also does not apply in cases where the product liability law holds us liable for personal injury or property damage to privately used items. It also does not apply in cases where warranted characteristics are missing, if and to the extent that the warranty was specifically intended to protect the partner from damages not caused to the goods themselves.

  4. If our liability is excluded or limited, this also applies to the personal liability of our employees, workers, agents, legal representatives, and vicarious agents.

  5. The legal regulations on the burden of proof remain unaffected.

Force Majeure

  1. Force majeure, labor disputes, civil unrest, government measures, failure of supplies from our suppliers, and other unforeseeable, unavoidable, and serious events release the contracting parties from their performance obligations for the duration of the disturbance and to the extent of their effect. This applies even if these events occur at a time when the affected party is in default. The contracting parties are obliged to provide the necessary information as far as reasonable and to adjust their obligations in good faith according to the changed circumstances.

Place of Performance, Jurisdiction, and Applicable Law

  1. The place of performance for the contract is Hagen/Westphalia.

  2. For all legal disputes, including in the context of a bill of exchange and check process, our business location is the place of jurisdiction if the partner is a full merchant, a legal entity under public law, or a special fund under public law. We are also entitled to file a lawsuit at the partner's location.

  3. The contractual relationship is exclusively governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention of April 11, 1980, on Contracts for the International Sale of Goods (CISG - "Vienna Sales Convention") is excluded.





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VOGTLAND Autosport Team

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VOGTLAND Support
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