Terms and Conditions

General Terms and Conditions (T&Cs TrackTime)

1. Scope

These general terms and conditions apply to all business relationships between TrackTime UG (limited liability), Daimlerstrasse 10, 73054 Eislingen, hereinafter referred to as "TrackTime," and its contractual partners, as well as to all information provided in connection therewith (in letters, publications, price lists, advertisements, or otherwise), regardless of the form in which this information was provided. Conflicting general terms and conditions of contractual partners are not recognized. Their inclusion in contracts with TrackTime is expressly rejected. Upon conclusion of the contract, these general terms and conditions are accepted by TrackTime's contractual partners.

2. Offer of goods / conclusion of contract

The product offers for the particularly high-quality race simulators from TrackTime (brochures, websites, newsletters, etc.) are subject to change and non-binding.

1. a) Distance selling through online ordering

By clicking the order button, the contractual partner submits a binding offer to conclude a contract. They can create a user account and thus view their password-protected contract data or place an order without creating an account.

TrackTime may accept this offer by sending a written declaration of acceptance of the offer or by sending the goods. The contractual partner is obligated to provide complete and correct information when placing an order. Materially false or incorrect information, such as incorrect address details, entitles TrackTime to withdraw from the contract.

1. b) Direct purchase after test

TrackTime's high-quality race simulator can also be tested. To test it, you must follow the staff's instructions and sign an additional agreement (liability release).

After the test, you have the option of purchasing a high-quality race simulator directly by concluding a contract on-site. The provisions of distance selling law, in particular Nos. 2a) and 8 of these Terms and Conditions, do not apply in this case.

3. Prices, payment terms, retention of title

All prices quoted are exclusive of any applicable packaging and shipping costs. All prices quoted, including packaging and shipping, apply only within Germany.

With the update of the website at www.TrackTime.de, all previous prices and other information about goods become invalid. The version valid at the time of the order shall prevail.

Unless otherwise agreed, the invoice amount is due upon receipt of the invoice. Default occurs at the latest if payment is not made within 30 calendar days of the due date and receipt of the invoice.

Checks or bills of exchange are accepted only as conditional payment. Bill of exchange costs and discount charges are borne by the customer.

The customer is only entitled to offset counterclaims if these have been legally established or acknowledged by TrackTime.

The customer is only entitled to offset counterclaims if these have been legally established or acknowledged by TrackTime.

TrackTime reserves ownership of the goods until all claims of TrackTime against the buyer arising from the business relationship under contracts concluded at the same time have been settled.

4. Delivery to merchants and legal entities

If our contractual partners are merchants or legal entities, the following provisions apply in addition to Sections 377 et seq. of the German Commercial Code (HGB):

1. a) TrackTime is entitled to make partial deliveries. If delivery is prevented by force majeure, TrackTime is entitled to withdraw from the contract. Upon delivery of the ordered goods to the post office or a freight carrier, the risk of deterioration or loss passes to the customer. The retention of title under No. 3 also applies if individual or all of the seller's claims have been included in a current account and the balance has been drawn and acknowledged. Pledging or other encumbrances on goods still owned by TrackTime are not permitted.
2. b) Warranty - Claims by merchants and legal entities for material defects in sold goods expire one year after receipt of the goods. In the event of a defect, the purchaser of goods is obligated to grant TrackTime a reasonable grace period for subsequent performance. The purchaser must notify TrackTime of obvious defects in writing immediately, but no later than 10 days after receipt of the goods. In the case of a claim for subsequent performance, TrackTime has the right to choose between remedying the defect or delivering a defect-free item.
3. software

When TrackTime sells software, additional license and usage terms are included. The purchaser accepts these terms. The purchaser has no right to transfer ownership or disclosure of the original source programs or source codes of the software. The purchaser is granted only a simple, non-exclusive right to use the software in conjunction with the products for which the software was delivered. All other rights to the delivered software, its supplements, and associated documentation – including copies – are held exclusively by TrackTime or the software supplier.

6. Warranty

Claims by the buyer due to defects in the purchased item are excluded if the defect was caused by improper

- Repair, maintenance or care of the purchased item by third parties not authorized by TrackTime;

- Installation of parts, accessories or consumables, installation of software or connection to other devices whose use has not been approved by TrackTime;

- Failure to comply with the instructions for handling, maintenance and care of the purchased item in the operating instructions or with the specified maintenance intervals.

7. Liability

TrackTime is liable

- for damages resulting from injury to life, body or health;

- for other damages if these are based on an intentional or grossly negligent breach of duty by TrackTime or its vicarious agents.

Any other claims for damages by customers against TrackTime due to breach of duty are excluded.

To the extent liability has been excluded or limited above, this also applies to the personal liability of TrackTime's employees, freelancers, representatives, and other vicarious agents. For repairs performed by TrackTime on the customer's devices, the customer is obligated to protect the stored data from loss by creating a backup copy. TrackTime is not liable for data loss on repaired devices.

TrackTime offers race simulator testing. Participants must be insured and must observe standard safety rules and follow the instructions of TrackTime employees as part of a supplementary agreement. A special liability policy applies to testing.

8. RIGHT OF WITHDRAWAL

If the contract is concluded using means of distance communication and is therefore a distance selling transaction, all consumers have the following statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code):

CANCELLATION POLICY

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must contact us,

TrackTime UG (limited liability)

Daimlerstrasse 10

73054 Eislingen

sales@track-time.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

You may use the attached model cancellation form for this purpose, although this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, 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 refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

--- End of cancellation policy ---

In the case of returns, consumers must bear the costs of return.

9. DATA PROTECTION CUSTOMER DATA – DATA PROTECTION RIGHT OF WITHDRAWAL

TrackTime stores buyer data for the purpose of processing orders and contracts. TrackTime takes all economically and technically reasonable and possible precautions to prevent unauthorized access to this data by third parties.

TrackTime collects data from the buyer with their consent or the information on the contract that is necessary for the execution of the order and contract processing.

The consent given in this way to the use of the data can be revoked at any time. The revocation should be sent to:

TrackTime Data Systems GmbH,
Daimlerstraße 10, 73054 Eislingen
sales@track-time.de

If you withdraw your consent to data protection, your personal data will be deleted immediately and completely, unless it is required to be retained by mandatory legal regulations (e.g. for proper accounting purposes).

For tests pursuant to Section 7, Paragraph 3 of these Terms and Conditions, TrackTime will take out insurance for its customers. Customer data must be provided to the insurer for the insurance to be effective.

10. Final provisions

The place of performance for all claims arising from the contract is Eislingen. The place of jurisdiction for all disputes, both active and passive, arising from contracts with TrackTime, is Göppingen, provided the contractual partner is a merchant or a legal entity within the meaning of the German Commercial Code (HGB).

German law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Any deviations or additions to these terms and conditions must be in writing. A waiver of this formal requirement must also be expressly stated.

Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

TrackTime UG (limited liability)

Daimlerstr. 10, 73054 Eislingen

http://www.Track-Time.de

sales@track-time.de

Authorized Managing Directors: Philip Finster, Henning Piez, Nico Scheller

Commercial Register

VAT ID No.: DE305333776

Terms and Conditions Version 1.0; As of: April 4, 2016

Copyright © 2016 RA Exner, Kiel

Sample cancellation form

(to EG-BGB Art. 246a, § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 - as of 13.06.2014)

If you wish to cancel the contract, please fill out this form and send it back.

To the

TrackTime UG (limited liability)

Daimlerstr. 10, 73054 Eislingen

sales@track-time.de

Ladies and Gentlemen

I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods* / the provision of the following services*

__________

Ordered / received on*: __________

Name of consumer(s):

__________

Address of the consumer(s):

__________

__________

Signature of the consumer(s): (only for paper notifications)

__________

Date: __________

* Please delete as appropriate.