Conditions
1. Inclusion of Conditions
Our deliveries and services are provided exclusively based on these General Terms and Conditions. They are an agreed part of all contracts concluded with us. They also apply to future sales contracts, even if not explicitly referenced again. Deviations from these terms require our written confirmation to be valid. Terms and conditions of our business partners that do not match ours are only binding if we have expressly accepted them in writing upon contract conclusion.
2. Offers
Our offers are non-binding and valid for up to 30 days from the issue date. Prior sale reserved. Delivery commitments, oral declarations, and special agreements are only valid if confirmed in writing. Information in our shop, advertisements, etc., including prices, is non-binding.
3. Orders and Contract Conclusion
The purchase contract is concluded with Hubert Strengberger. Product descriptions in the online shop do not constitute a legally binding offer but a non-binding online catalog. You can add products to the shopping cart and modify your entries at any time before submitting your order. By clicking the order button, you place a binding order. You will receive an order confirmation via email immediately after submission.
4. Delivery
Delivery usually takes place on the specified date. Partial deliveries are permitted. If the delivery date is exceeded, the buyer may withdraw from the contract or the outstanding part after granting a reasonable grace period. Withdrawal is not possible for custom-made products. Unforeseen delivery obstacles (force majeure, operational disruptions, strikes, transport issues, etc.) release us from the delivery obligation. Claims for damages due to delayed or failed delivery are excluded. Delivery is subject to the buyer's creditworthiness. Doubts after contract conclusion entitle us to withdraw. Non-payment despite reminders indicates a lack of creditworthiness.
5. Shipping
Goods can be picked up in Hargelsberg or shipped upon the buyer’s request via parcel service or freight carrier for bulky items. Shipping is at the buyer’s expense and risk, including returns. Risk transfers to the buyer at the latest when the goods are shipped. If shipping is delayed without our fault, storage is at the buyer’s expense and risk. In such cases, our notification of readiness is equivalent to shipping. Buyer shipping instructions will be considered if possible. We do not insure goods against transport damage. Returns must always be prepaid. Any costs incurred will be charged to the sender.
6. Prices
Prices valid on the day of delivery apply. All prices are in euros, ex-warehouse Hargelsberg, plus statutory VAT.
7. Payment
Payment is due immediately without deduction and must be made via prepayment or PayPal. The buyer is not entitled to offset or withhold payments unless claims are legally established or acknowledged by us in writing. In case of default, interest of 1.5% per month is charged, without prejudice to further damage claims.
8. Retention of Title
Delivered goods remain the property of Hubert Strengberger until all claims from the contract, including interest and unauthorized deductions, are fully paid. The buyer must handle goods with care while ownership is retained. Pledges or transfers as security are not permitted. If the goods are seized or otherwise accessed by third parties, the buyer must inform them of our ownership, notify us immediately, and provide necessary documents to assert our rights.
9. Defects and Complaints
Complaints must be reported immediately, no later than 10 days after receipt. Damaged shipments must be reported to the responsible carrier first. Only if fault is confirmed on our part can claims be made with us. Unauthorized modifications void any liability. For justified complaints, replacement or repair will be offered at our discretion. Refund of labor costs or penalties is excluded. Statutory warranty rights apply. All further claims are excluded.
10. Liability for Other Reasons
Other claims for damages against us or our agents are excluded regardless of legal basis unless caused by intent or gross negligence.
11. Use in Motorsports
All warranty or liability claims are void if the goods are used in motorsport events of any kind. This also applies to prototypes or test vehicles.
12. Use in Road Traffic
If goods are used in vehicles on public roads, the buyer is responsible for ensuring that all modifications are entered in the vehicle documents in accordance with legal requirements. Motorsport parts are not road legal. Performance upgrades require certification.
13. Place of Fulfillment and Jurisdiction
The place of fulfillment for both parties is Steyr. The court responsible for our company’s registered office has jurisdiction, including for matters related to cheques or bills of exchange, if the buyer is a business customer.
14. Severability Clause
If any provision of these terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected.