1. General Provisions

The legal relationships established through this website between FOXX Automotive UG—hereinafter referred to as the “Seller”—and the customer—hereinafter referred to as the “Customer”—are governed exclusively by the following General Terms and Conditions, as in effect at the time of the order.

Unless otherwise agreed, the inclusion of the Customer’s own terms and conditions is hereby rejected.

Most of the parts we supply are racing parts; they are not approved by the Federal Motor Transport Authority. However, for certain parts, a material certification is available and will be provided upon special request.

2. Formation of the Contract

The contract is concluded with REBRAKE GmbH, Veilchenweg 14, 82234 Weßling.

The essential characteristics of the goods are set forth in the respective product description posted by the seller.

The presentation of the goods on this website does not constitute a binding offer by the seller to enter into a sales contract. It merely invites the customer to submit an offer by placing an order. By submitting the order, the customer also acknowledges that these Terms and Conditions are the sole governing terms of the legal relationship with the seller.

As soon as the seller receives the customer’s order, the customer is first sent a confirmation of the order’s contents, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. Acceptance of the contract offer (order confirmation) occurs upon delivery of the goods or through an express statement of acceptance.

3. Prices

The prices in effect on the date of delivery or the prices in the most recent price list shall apply for the calculation. We are entitled to pass on price increases from our suppliers. Price increases for non-merchants are permitted accordingly if more than 3 months elapse between the conclusion of the contract and delivery. Special orders are accepted only upon advance payment. Placing an order constitutes an obligation to accept the ordered goods. All prices include sales tax. The prices listed are retail prices, plus shipping costs.

4. Delivery Time and Delayed Delivery

(1) The delivery time is agreed upon on a case-by-case basis or specified by us upon acceptance of the order. Unless otherwise specified, the delivery time is approximately 50 business days from the date the contract is concluded.

(2) If we are unable to meet binding delivery deadlines for reasons beyond our control (unavailability of the service), we will notify the contracting party immediately and, at the same time, provide the expected new delivery deadline.If the service is still not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will then immediately refund any advance payment already made by the contracting party. However, brake discs that the contracting party has turned in to us for replacement are used parts with no value and will not be returned.

In particular, a failure by our supplier to deliver to us on time shall be considered a case of unavailability of the service in this sense.

(3) The occurrence of a delay in delivery on our part is determined in accordance with statutory provisions. In any case, however, a reminder from the buyer is required.

(4) The buyer’s rights under the provisions in the “Other Liability” section of these General Terms and Conditions, as well as our statutory rights—in particular in the event of an exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance)—remain unaffected.

4. Payment

Payment is due upon placement of the order

5. Other Liability

(1) Unless otherwise provided in these General Terms and Conditions, including the provisions below, we shall be liable for any breach of contractual and non-contractual obligations in accordance with statutory provisions.

(2) We shall be liable for damages—regardless of the legal basis—under the principle of fault-based liability in cases of willful misconduct and gross negligence. In cases of simple negligence, subject to a more lenient standard of liability under statutory provisions (e.g., regarding the standard of care required in one’s own affairs), we are liable only for:

a) Damages resulting from injury to life, limb, or health,
b) Damages resulting from a material breach of a fundamental contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damages.

(3) The limitations of liability arising from paragraph 2 also apply in the event of breaches of duty by or in favor of persons for whose fault we are liable under statutory provisions.

(4) In the event of a breach of duty that does not consist of a defect, the buyer may rescind the contract or terminate it only if we are responsible for the breach of duty. The buyer’s right to terminate the contract at will (in particular pursuant to Sections 651 and 649 of the German Civil Code (BGB)) is excluded.

6. Right of Withdrawal

The customer has the right to withdraw from the purchase agreement within fourteen days without providing a reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer—other than the carrier—took possession of the goods. To exercise the right of withdrawal, the customer must inform the seller (REBRAKE GmbH, Veilchenweg 14, 82234 Weßling, 08153 9015171, info@rebrake.de) of their decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). To meet the withdrawal deadline, it is sufficient that the notice of exercise of the right of withdrawal is sent before the withdrawal period expires.

7. Consequences of Withdrawal

If the customer withdraws from this contract, the seller shall refund all payments received from the customer, including delivery costs (with the exception of any additional costs resulting from the customer’s choice of a delivery method other than the standard delivery offered by the seller), without delay and no later than fourteen days from the day on which the seller received notice of the cancellation of the contract. This refund will be made using the same payment method used for the original transaction, unless otherwise expressly agreed with the customer; under no circumstances will any fees be charged for this refund. The seller may withhold the refund until the goods have been returned or proof has been provided that the goods have been returned, whichever occurs first.

The goods must be returned or handed over to the seller immediately and, in any case, no later than fourteen days from the date on which the customer notified the seller of the cancellation of the contract. The deadline is met if the goods are shipped before the fourteen-day period expires. The customer is responsible for the direct costs of returning the goods. The customer is liable for any loss in value of the goods only if such loss is attributable to handling of the goods that is not necessary for inspecting their nature, characteristics, and functionality.

8. Retention of Title

The delivered goods remain the property of the seller until full payment has been made. The retention of title also extends to new goods produced through processing. The customer is entitled to sell the goods delivered under retention of title in the ordinary course of business. The customer assigns to us all claims arising from such resale.

9. Warranty

A notice of defect must be submitted in writing within 8 days for defects that are immediately apparent; later complaints will not be accepted. To the extent that defects are attributable to us, compensation will be provided by either repairing the delivered item or supplying a replacement of the same item. The item must be returned to us with shipping prepaid. Shipments with shipping charges due upon delivery will not be accepted. Any further warranty or compensation claims are excluded.

10. Miscellaneous

Any modification of the goods we deliver and any alteration to their markings is prohibited. In the case of repairs, unless otherwise agreed, the price will be determined upon completion of the work—cost estimates are nonbinding. If damage occurs during the performance of this work, liability shall apply only in cases of gross negligence. In general, any liability for damages resulting from slight negligence is excluded.

11. Final Provisions

The place of performance and exclusive venue for legal proceedings is Munich. German law applies exclusively. All agreements must be in writing to be valid.