General Terms and Conditions
On the basis of these General Terms and Conditions (GTC), the contract is concluded between the customer
and
Racetrck Inh. Kai Rudolf
Address: Pleidelsheimer Straße 7, 74321 Bietigheim-Bissingen
Tel: 0176 34547128
Email address: info@racetrck.de
VAT identification number: DE330597543
hereinafter referred to as the Provider, the contract is concluded.
Subject matter of the contract
This contract governs the sale of services in the field of courses and rider training via the provider’s online shop at https://www.racetrck-leanangle.de. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded in electronic business transactions via the shop system or via other means of distance communication such as telephone and email. The offers presented represent a non-binding invitation to the customer to submit an offer, which the provider can then accept.
The ordering process for concluding a contract in the shop system comprises the following steps:
Selecting the offer with the desired specifications (training session, number, date)
Adding the offer to the shopping basket
Clicking on the “book” button
Entering the billing and delivery address
Selecting the payment method
Checking and processing the order and all entries
Press the “order with obligation to pay” button
Confirmation email that the order has been received
In addition to the shop system, orders can also be placed via remote communication (0176 34547128), whereby the ordering process for concluding a contract comprises the following steps:
Telephone call
Confirmation email that the order has been received
The contract is concluded when the order confirmation is sent.
For participants under the age of 18, the consent form of the parent or guardian must be enclosed.
Registration for training
After confirmation of registration for an event, the participation fee is due immediately or as stated in the confirmation letter. The liability waiver must be signed before the start of training at the latest. Otherwise, participation in the training is not possible.
A minimum of 5 participants is required for the lean angle training. If this minimum number of participants is not reached, the organiser may cancel the training. The same applies if the lessor of the training site does not make the training area available. In this case, the provider will either name an alternative date or refund the participation fee. Further refunds (hotel, travel costs, etc.) are excluded.
How the lean angle training is organised
The lean angle training begins punctually at the location specified in the registration confirmation. The training may start earlier, especially in hot weather. If this is the case, the organiser will inform the training participants in advance.
Participation in the training requires that the participant wears adequate protective clothing. This must consist of at least:
– a protective helmet that is approved for road use and undamaged,
– leather motorcycle clothing (with protectors if possible; textile clothing is possible)
– motorcycle protective gloves,
– motorcycle boots,
– back protector.
Participants who wish to practise the ‘hanging-off riding style’ during the lean angle training must wear clothing to which knee sliders are attached or can be attached. However, bringing knee sliders is not a prerequisite for participation in the training.
After a theoretical briefing, each participant in the leaning and combination training will have the opportunity to take turns with the other participants to use the motorcycle provided for agility training. The aim is not to achieve maximum speed. The cost of fuel and other consumables for the motorbike is included in the participation fee. Use is at your own risk. In particular, no liability is accepted for damage to the participant’s clothing/equipment.
Due to the physical exertion that may result from participating in the training, it is recommended that participants who have travelled a long distance do not return home on the same evening, especially not by motorbike. Any accommodation costs shall be borne by the participant.
The training will take place even in bad weather (rain). If the training cannot take place due to extreme weather conditions (severe weather, storm, hail) that make riding impossible, each participant will be offered an alternative date at the organiser’s discretion or a refund of the registration fee. Additional travel costs and other expenses will not be reimbursed.
The organiser will provide a special motorcycle for the lean angle training. The participant undertakes to treat the vehicle with care and to use it exclusively for the purpose intended for the training. The training motorcycle may only be used in accordance with the trainer’s instructions. The trainer’s instructions must be followed in all cases. By registering, the participant declares that, in their opinion, they are physically/healthily capable of meeting the requirements of the training
and, in particular, are able to ride a motorcycle safely. Each participant is responsible for their own riding style. We reserve the right to make changes to the training programme.
Special conditions for Pitbike events
Pitbikes belong to the category of fun and racing equipment. They are not approved for use on public roads and may only be used in suitable areas or on suitable tracks.
Unless otherwise stated, Pitbikes are delivered as kits in the manufacturer’s original packaging. In accordance with legal regulations, there is no warranty on Pitbikes.
It is the buyer’s responsibility to carry out the final assembly professionally or to have it carried out. The buyer is also responsible for having the bike checked by a professional after final assembly.
Any warranty claims are void if the bike is assembled by the buyer.
On request, the Pitbikes can also be delivered already assembled and inspected. Before using the Pitbikes, they must be checked to ensure they are in good working order.
We accept no liability for accidents occurring during the operation of the Pitbike. Likewise, no liability is accepted for the use of replacement parts or components.
Each participant is obliged to wear the protective clothing customary for motorcycling. This includes in particular: full-face helmet, back protector, leather suit with protectors (two-piece suits must be connected by a zip), motorcycle boots that cover the motorcycle trousers, motorcycle gloves that cover the arms of the motorcycle suit.
The participant expressly waives any claims for damages of any kind arising in connection with participation in the event against the organiser, its employees, the track operator and its employees.
This does not apply to damages resulting from injury to life, limb or health caused by intentional or grossly negligent breach of duty by the organiser or the track operator – including their legal representatives or vicarious agents. The participant is responsible for ensuring adequate insurance cover.
This exclusion of liability also does not apply to claims arising from injury to life, limb or health or other damage based on an intentional or negligent breach of duty, nor does it apply to other damage based on an intentional or grossly negligent breach of duty.
Disclaimer of liability
Participants (rider, accompanying persons) take part in the event at their own risk. They bear sole civil and criminal responsibility for all damages caused by them or the vehicle they are using. By submitting their declaration, participants waive all claims of any kind for damages arising in connection with the event against the organizer, the track operator, their agents, assistants, other participants, and any other persons associated with the event, unless the damage is caused intentionally or by gross negligence. This waiver also extends to any claims by the participant or third parties against persons entitled to or obligated to provide support. This agreement becomes effective for all parties involved upon submission of the entry form to the organizer.
Excluded from this waiver are claims for damages by the customer due to injury to life, body, or health, or due to the breach of essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract.
Deductible
By registering for cornering training and/or a pit bike event, the participant agrees to be liable for up to €2,500.00 for any damage to training equipment (motorcycle, accessories, attachments, other training equipment) caused by their negligence.
Cancellation, cancellation, change of event
Cancellations must be submitted in writing to the provider via email, fax, or letter.
a.) For cancellations up to 90 days before the event, a cancellation fee of 20%, but no more than €35, will apply.
b.) For cancellations up to 30 days before the event, a cancellation fee of 30%, but no more than €70, will apply.
c.) For cancellations up to 15 days before the event, a cancellation fee of 50% of the entry fee will apply.
d.) For cancellations less than 15 days before the start of the event, there is no refund of the entry fee.
Cancellation fees also apply if the event has not yet been paid for. The canceling participant may nominate a substitute rider, who must register. In this case, cancellation is free of charge for the canceling participant, even within the deadlines mentioned above.
Nominating a substitute rider
A substitute rider can be nominated up to 24 hours before the start of the event.
The nomination of a substitute rider must be submitted in writing via email to info@racetrck.de.
The following information is required: first and last name, address, date of birth, and email address.
Any insurance coverage cannot be transferred to the substitute rider.
Change fee: €25
Exclusion from the event
If participants misjudge their ability to control the motorcycle, the organizer is entitled to exclude the participant from the training. In this case, the participation fee will be refunded. No further expenses will be reimbursed.
The organizer is entitled to exclude participants who endanger or could endanger others through their behavior, or who repeatedly fail to follow the instructions of the organizer’s staff, from the training without refunding the training fee or any expenses.
Photo and audio recordings
Participants agree that the organizer may create and publish photo and audio recordings of the event for its own promotional purposes. If a participant does not agree to this, they must declare this in a timely manner before the start of the event.
Prices
All prices are final prices and include statutory VAT.
Payment terms
The customer has the following payment options only: advance bank transfer, payment service provider (Stripe). Other payment methods are not offered and will be rejected.
The invoice amount is due upon receipt of the invoice, which contains all the necessary information for the transfer and is sent by email. Payment must be made in advance to the account specified on the invoice. When using an escrow service/payment provider, this service enables the seller and buyer to process the payment between themselves. The escrow service/payment provider forwards the buyer’s payment to the seller. Further information can be found on the website of the respective escrow service/payment provider. The buyer is obligated to pay the amount shown on the invoice into the account specified on the invoice within 14 days of receiving it. Payment is due without deduction from the invoice date. After the payment deadline, which is thus determined by the calendar, the buyer is in default even without a reminder.
Terms and conditions for the purchase of vehicles and products:
- Scope of application:
1.1 These General Terms and Conditions (GTC) apply to all goods and services offered by us, Racetrck, owner Kai Rudolf, Pleidelsheimer Straße 7, 74321 Bietigheim-Bissingen, Germany (hereinafter “we”), via the website https://www.racetrck-leanangle.de and elsewhere, in accordance with the contract concluded between us and the customer.
1.2 These GTC apply to both consumers as defined in Section 13 of the German Civil Code (BGB) and businesses as defined in Section 14 of the German Civil Code (BGB), unless a distinction is made in individual provisions.
1.3 These GTC apply exclusively to the legal relationship between us and the customer. Any conflicting terms and conditions of the customer are hereby expressly rejected. Conflicting terms and conditions of the customer shall not apply even if we do not expressly object to them individually.
1.4 These GTC can be viewed at any time on our website or requested from us.
Conclusion of contract:
2.1 The goods and services (e.g., rentals) displayed on our website or elsewhere constitute binding offers to conclude a contract for the purchase of these goods or the booking of these services, unless the goods are customized according to customer specifications.
2.2 Online, a contract is concluded when the customer, after selecting the desired products on the website, entering their personal data, and selecting the payment method, completes the order process by clicking the “Place order” button. This does not apply to goods customized according to customer specifications.
2.3 We are entitled to withdraw from the contract if we are unable to deliver the ordered item to the customer because, through no fault of our own, we have not received the item from our supplier despite having previously concluded a purchase agreement. In this case, we will inform the customer immediately of the unavailability of the goods and promptly refund any payments already made.
2.4 For orders placed offline by telephone or in person, as well as for orders of customized goods, a contract is concluded when we accept the customer’s binding offer by means of a clear declaration in text or written form through an order confirmation.
2.5 Goods that must be ordered according to customer specifications or custom-made items produced in our facility, as well as racing equipment, are excluded from return!
2.6 This right of withdrawal does not apply to orders placed in our store!
2.5 After conclusion of the contract, the contract text is stored. The customer receives the order details in the order confirmation via email.
- Prices, payment terms:
3.1 All prices displayed in our online shop and elsewhere include statutory VAT. In addition to the final prices, further costs may apply depending on the shipping and payment method as well as the delivery location. These costs will be displayed before the order process is completed.
3.2 The customer has the following payment options only:
Payment service provider (Stripe)
When paying via a payment method offered by Stripe, payment processing is handled by the payment service provider Stripe. Using this payment service provider allows us and the customer to process the payment between ourselves. The payment service provider then forwards the customer’s payment to us. Further information on the functions and terms of use of the payment provider Stripe can be found at:
https://stripe.com
Bank transfer
The invoice amount must be transferred in advance to the specified account after providing all the necessary information for the transfer. Goods will only be shipped after receipt of payment.
Cash payment
Cash payments can only be made in person at our premises when collecting the goods. Cash payments by other means are not possible.
3.3 For in-store pickup, only cash payment is accepted. Other payment methods are not offered and will be rejected.
3.4 The statutory regulations regarding the consequences of late payment apply.
3.5 The customer is only entitled to set-off rights if their counterclaims are legally established, undisputed, acknowledged by us, or if the counterclaims are based on the same contractual relationship as our main claim. If the customer is a business, they are only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.
- Delivery terms, delivery deadlines, default of acceptance:
4.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the buyer. If the customer is a business, the risk of accidental loss and/or accidental damage to the goods passes to the customer upon handover, or, in the case of shipment, upon delivery of the goods to the selected shipping provider.
4.2 Goods are generally shipped within 48 hours of receipt of payment. Unless otherwise stated in the offer or agreed upon, the standard delivery time for fully assembled pit bikes is 3-5 weeks, otherwise 5 days. For custom-made products, the delivery time agreed upon separately in the contract applies.
4.3 Goods will be delivered by freight carrier. The customer must ensure that delivery by the freight carrier to the address specified by the customer is possible within the time window specified by the freight carrier or agreed upon with the carrier. Unless otherwise agreed, delivery is made “curbside.” Should the customer have any doubts as to whether delivery by freight carrier to the destination address is possible, the customer should contact us immediately to clarify the delivery arrangements.
4.4 If delivery deadlines have been specified by us or made a basis for the conclusion of the contract, such deadlines shall be extended in the event of strikes and force majeure for the duration of the delay. The same applies if the customer fails to fulfill any obligations to cooperate. If we are not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by our own supplier despite having entered into a corresponding hedging transaction in a timely manner, we have the right to withdraw from the contract with the customer to that extent. The customer will be informed of this immediately, and any payments received will be refunded.
4.5 Customers who refuse to accept the ordered goods or do not collect them from the post office shall bear the costs of shipping and restocking.
- Retention of title and other reservations:
5.1 In contracts with consumers, we retain title to the purchased goods until full payment of the purchase price. If the customer is a business, title to the goods is retained until all claims against the customer have been settled, even if the specific goods have already been paid for.
- Transport damage
7.1 If goods are delivered with obvious transport damage, this should be reported to the delivery driver as soon as possible. The customer should contact us immediately. Failure to comply with this obligation has no consequences for the customer’s statutory rights and their enforcement, in particular with regard to warranty rights. However, prompt contact and damage reporting to the delivery driver can secure claims against the carrier or the transport insurance company.
7.2 Damage in transit and defective goods from deliveries must be reported to us and the parcel service immediately, but no later than one week after receipt of the goods. Shortages should be reported directly to us.
- Product Quality – warranty – limitation period:
8.1 We are liable for defects in accordance with statutory provisions, unless otherwise specified below.
8.2 If the customer is a business, warranty rights can only be asserted if the customer has properly complied with their obligations to inspect and report defects pursuant to Section 377 of the German Commercial Code (HGB).
8.3 The limitation period for claims based on defects in new goods is two years, and in used goods, one year. The period begins upon the transfer of risk. This does not apply to claims for damages due to defects. If the customer is a business, the warranty period for all goods is limited to one year.
8.4 Ordinary wear and tear, i.e., wear and tear resulting from age and use, does not constitute a defect and therefore does not give rise to any warranty rights.
8.5 We do not provide any guarantees to the customer in the legal sense.
8.6 Minor deviations in form, color, and function are reserved. Descriptions and illustrations are only approximate. Changes or improvements that serve technical progress may be made without prior notice.
Damage caused by defective parts delivered, as well as labor costs incurred by third parties, cannot be compensated.
8.7 We are not liable for improper installation, intent, gross negligence, or external influences affecting the delivered goods. Liability for damages is limited to typical and foreseeable damages. We assume no liability for consequential damages. Complaints regarding obvious defects will only be considered if they are submitted in writing within one week of receipt of the goods, after the goods have been inspected immediately. Model changes, minor color variations, and technical modifications that serve progress do not constitute grounds for complaint. There is no warranty or guarantee on parts used in motorsports or on ECU tuning. Parts without TÜV certification or ABE (EC/ABE) are not approved for use on public roads.
8.8 Pit bikes are racing vehicles without road approval, which are generally subject to heavy use. The functionality of each vehicle is thoroughly checked before delivery. Upon taking delivery of the vehicle, the customer is also obligated to check its functionality and report any defects immediately. Complaints after acceptance of the vehicle will not be accepted. Warranty for such vehicles is expressly excluded.
- Final provisions:
11.1 This contract is governed by the laws of the Federal Republic of Germany. This does not apply if specific consumer protection regulations in the customer’s country of residence are more favorable (Art. 6 Regulation (EC) No. 593/2008).
11.2 The statutory provisions regarding jurisdiction remain unaffected, unless otherwise stipulated in the special provision of paragraph (3).
11.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our registered office. However, we are also entitled to bring legal action against the customer at their place of residence. In the case of a contract with a consumer, the place of jurisdiction is our registered office if the customer moves their residence or habitual abode outside the territory of the Federal Republic of Germany after conclusion of the contract. This also applies if the customer’s residence or habitual abode is unknown at the time the action is brought.
Contract formation
The customer has no direct access to the stored contract text. The customer can correct input errors during the ordering process. The following steps can be taken: In the event of an incorrect order due to incorrect data entry, you can have us correct it. Please contact us by phone at +49 176 34547128 or by email at info@racetrck.com.
Disclaimer of liability
Customer claims for damages are excluded unless otherwise stipulated below. This also applies to the supplier’s representatives and agents if the customer asserts claims for damages against them.
Excluded from this disclaimer are customer claims for damages due to injury to life, body, or health, or due to the breach of essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract.
This disclaimer also does not apply to claims for damages resulting from gross negligence or willful misconduct on the part of the supplier or its legal representatives or agents.
Language, jurisdiction, and applicable law
The contract is written in German. All further communication regarding the contractual relationship will be conducted in German. The laws of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only to the extent that it does not restrict any statutory provisions of the state in which the customer has their residence or habitual abode.
The place of performance and jurisdiction is the registered office of the provider.
Data protection
In connection with the initiation, conclusion, execution, and reversal of a purchase agreement based on these Terms and Conditions, the provider collects, stores, and processes data. This is done within the framework of legal regulations. The provider does not disclose any personal data of the customer to third parties unless legally obligated to do so or the customer has given prior express consent. If a third party is used for services related to the processing of data, the provisions of the Federal Data Protection Act are observed. The data provided by the customer during the ordering process is used exclusively for contacting the customer within the scope of contract processing and only for the purpose for which the customer provided the data. The data is only passed on to the shipping company responsible for delivering the goods as ordered, to the extent necessary. Payment data is passed on to the credit institution commissioned with processing the payment. If the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years. During your visit to the provider’s online shop, anonymized data, which does not allow for any conclusions to be drawn about personal data and is not intended to do so, is logged. This data includes, in particular, IP address, date, time, browser type, operating system, and pages visited.
At the customer’s request, personal data will be deleted, corrected, or blocked in accordance with legal regulations. Customers are entitled to receive information about all their personal data free of charge. For questions and requests regarding the deletion, correction, or blocking of personal data, as well as its collection, processing, and use, customers can contact the following address:
Racetrck, owner: Kai Rudolf, Pleidelsheimer Straße 7, 74321 Bietigheim-Bissingen, 74360 Ilsfeld, Germany, Phone: +49 176 34547128, Email: info@racetrck.com.
Severability clause
The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.
