Terms & Conditions

In these General Terms and Conditions, the following definitions shall apply: Terms & Conditions

• Merchant / Seller: the legal entity that offers products and/or services to consumers at a distance;
• Consumer: the natural or legal person legally capable of concluding a distance contract with the entrepreneur. Minors or people with limited legal capacity can also conclude a distance contract within the pocket money available to them. By registering with Empire-Racing, the consumer assures that he is in full business capacity  or that he has the permission of his legal guardian ;
• Distance contract: a contract in which one or more distance communication technologies are used exclusively within the framework of a distance system organized by the entrepreneur for products and/or services until the contract expires. Communication should takes place exclusively by e-mail;
• Distance communication technique: means that can be used to conclude a contract without the consumer and the trader being together in the same room;
• Cooling-off period: the period during which the consumer may exercise his right of withdrawal;

• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the 3 days  cooling-off period;

• Working day: calendar days without Saturday and Sunday and public holidays;

• Successive performance transaction: a distance contract for a series of products and/or services where the commitment to deliver and/or purchase is staggered over time;
• Durable medium: any means which enables the consumer or trader to record information relating to him personally in a way which allows subsequent consultation and reproduction of the recorded information as it stands.

E-mail address: contact@racing-empire.com

• These general terms and conditions apply to any offer made by the trader at a distance and to any distance contract concluded between the trader and the consumer.
• The consumer confirms that he has read these general terms and conditions before concluding the distance contract. At the consumer’s request, the general terms and conditions can also be sent to him by e-mail.
• If the distance contract is concluded by electronic means, the text of these general terms and conditions may, in derogation of the provisions of the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can simply save it on a durable medium. If this is not reasonably possible before the distance contract is concluded, the consumer may acquaint himself with these general terms and conditions by electronic means and request that they be sent to him free of charge by electronic means or by any other means.
• In the event that products or services are subject to special terms and conditions in addition to these General Terms and Conditions, e.g. in the case of special requests for the manufacture of an article, in particular in the case of creating new logos or additional labeling that is subject to a surcharge, these special agreements apply even if they do not contain paragraphs 2 and 3, override them or their content change.

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

• All prices are subject to change, should this situation arise after a purchase, the buyer will be informed of the changed prices by e-mail and can decide whether to accept the new price or withdraw from the purchase. In this case already made payments will be refunded.
• The offer includes description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. Images used are always illustrations of the products and/or services offered to support the description, for which the dealer accepts no liability. The item shipped may have slight deviations or variations. Due to hardware and software, colors may appear different on the illustrations. The dealer assumes no liability for obvious errors and mistakes in the offer. If you see obvious mistakes in an offer please contact us before purchasing the article.
• Every offer shall contain information provided in such a way that the consumer clearly understands what his rights and obligations are in accepting the offer. This includes in particular :
  • the price including taxes, excluding local taxes and duties at the point of delivery;
  • general shipment charges are included the sales price exclding special delivery charges;
  • the manner in which the contract will be formed and the acts necessary for this purpose;
  • the method of payment, delivery or performance of the contract;
  • the time limit for acceptance of the offer or the price maintenance period ;
  • the contract is concluded in English and on request in German;

• The contract is formed when the consumer accepts the offer and agrees to fulfil the conditions attached to it.
• If the consumer has accepted the offer electronically, the trader shall acknowledge receipt of the acceptance of the offer electronically by e-mail. As long as receipt of this acceptance has not been confirmed, the consumer may cancel the contract.
• If the contract is formed electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall provide a secure Internet environment. If the consumer pays by electronic means, the trader shall ensure that appropriate security measures are taken for this purpose.
• If the trader has undertaken to deliver a series of products or services, the provisions of the previous paragraph only apply to the first delivery.
• Together with the product or service, the entrepreneur provides the consumer with the following information:
• the possibilities of a complaint;
• the information in these general terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract;
• the conditions for withdrawing from the contract- 3 days cooling-off period.

• When purchasing products, the consumer has the option to withdraw from the contract within a cooling-off period of 3 days without giving any reason.
• The production or shipment of the ordered items will not take place during this 3 day cooling-off to contribute  the right to each buyer to withdrawal from the contract without any reasons .  If you want to get your product faster, please contact us that you don`t need the 3 day cooling-off time and we will start to produce or ship the item within 1 working day. If you need the full 3 day cooling-off period, please do the payment after this 3 days.

• If payments arrive within the 3 day cooling-off period and the buyer withdrawal his purchase, the money will be refunded.

• After the 3 day cooling-off period, the contract is binding, no product will be taken back, exchanged or reimbursed.

• After the 3 day cooling-off period has expired, free changes to the items ordered can only be considered if the production status still allows this and the shipment has not yet taken place. If the consumer pays additional fees, the production process can be interrupted even after the 3 day cooling-off period. 

• If a buyer wishes to cancel the purchase after the 3 day cooling-off period, but before the shipment has been made, this requires the seller’s consent. In this case, at least 50% of the purchase price will be retained for costs that have already arisen through the production or procurement of the item.

• As soon as the shipment has taken place, cancellation is no longer possible because the products are specially manufactured according to individual customer requirements.
  

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• Returns are only possible if the wrong product was sent .e.g.  size M  instead of ordered size XL  or a red jacket instead of a black jacket was sent.

• An exchange, e.g. because the buyer ordered the wrong size, is not possible because the products are only made on special order according to individual customer requirements.

• If a return takes place for other reasons, in general the buyer has to pay the shipment what should be always the cheapest transport available. The consumer cannot claim back premium shipments. The consumer must handle the product and packaging with care. The consumer should only unpack or use the product to the extent necessary to judge whether or not they wish to keep it. If the consumer makes use of his right of withdrawal, he must return the product and all accessories delivered to the trader at the same time and – if reasonably possible – in their original condition. The retailer reserves the right to withhold a minimum of 20% of the price for repair and packaging costs if the product is not returned in its original condition.

• When providing services such as designing new logos or additional lettering, the consumer has the option of terminating the contract by e-mail without giving a reason with a 3 day cooling-off period. This period begins on the day the contract is concluded.
• In order to exercise his right of withdrawal, the consumer shall refer to the clear and reasonable instructions communicated to this effect by the trader at the time of the offer and/or, at the latest, at the time of the service provided after the 3 day cooling-off period

• If the consumer makes use of his right of withdrawal, he must bear the costs, which may not exceed the cost of the return shipment.
• If the consumer has paid an amount, the trader will reimburse this amount as soon as possible and, at the latest, within 30 days after the cancellation or 30 days after the return has been made.
• In case of a return the consumer must handle the product and packaging with care. The consumer should only unpack or use the product to the extent necessary to judge whether or not they wish to keep it. If the consumer makes use of his right of withdrawal, he must return the product and all accessories delivered to the trader at the same time and – if reasonably possible – in their original condition. The retailer reserves the right to withhold a minimum of 20% of the price for repair and packaging costs if the product is not returned in its original condition.

• Exclusion of the right of withdrawal is only possible for products :
  • which have been carried out by the trader in accordance with the consumer’s instructions e.g. a given combination of color and size ;
  • which are clearly of a personal nature e.g. like additional names or own logos ;
  • which, because of their nature, cannot be returned;
  • that are rapidly perishable or obsolete;
  • whose price is linked to fluctuations in the financial market over which the trader has no influence;
  • which, because of their nature, cannot be returned;

• All prices are subject to change, should this situation arise after a purchase, the consumer will be informed of the changed prices by e-mail that the consumer has the option of cancelling the contract on the day on which the price increase takes effect. Already made payments will be refunded.
• During the period of validity stated in the offer, prices may change due to changes in VAT rates or higher freight rates over which the seller has no control
• The merchant reserves the right to cancel an order if the price is incorrect or zero, the listing is incorrect, or the item is damaged or destroyed.

• The merchant undertakes to ensure that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements for quality and/or ease of use. Please observe the legal provisions and/or official regulations in your country.
• In order to make a claim against the seller, the buyer must report defects to the seller by e-mail within 10 days of receipt of the goods. The guarantee conditions of the sending country apply.

• The merchant will take the greatest possible care in receiving and fulfilling orders for products and evaluating requests for services.
• The place of delivery is deemed to be the address communicated by the consumer to the merchant. All customs duties and taxes arising therefrom shall be borne by the consumer.
• In compliance with these general terms and conditions, the company will execute accepted orders immediately after the 3 day Cooling-off period has expired.
• If the manufacture or shipment is delayed or if an order cannot or only partially be fulfilled, the consumer will be informed of this no later than one month after the date of the order. The consumer therefore has the right to cancel the items that cannot be delivered or to propose the delivery of an equivalent product. The purchase price of items that cannot be delivered will be refunded at the latest within 30 days of cancellation. Compensation cannot be demanded from the buyer.
• If delivery of an ordered product proves impossible, the retailer will endeavor to offer a replacement item or refund the purchase price. The buyer has to agree to one of the options. Compensation cannot be asserted.
• The local carrier is responsible for damaged or lost shipments. Unless expressly agreed otherwise, the consumer must report damaged shipments to his local carrier and/or, in the case of shipments that have disappeared in his country of delivery, submit a request to his carrier and claim compensation. The seller supports the buyer and provides the necessary papers needed for an request.

• The payment should be made when ordering the contract for goods or services, at the latest after the 3-day Cooling-off period has expired. Until the order is paid in full, the order will not be processed or shipped. Before paying the advance payment, the consumer cannot exercise any rights arising from the execution of the order for goods or the service contract. The consumer is obliged to notify the entrepreneur immediately of any inaccuracies in the payment made or in the specifications. In the event of non-payment by the consumer within 30 days, prices may change depending on e.g. the exchange rate, higher postage rates and others. The consumer also receives payment reminders.

• Complaints relating to the performance of the contract must be submitted to the trader by e-mail within 7 days and must be described fully and clearly, once the consumer has noted the defects.
• Complaints communicated to the trader will be replied to as soon as possible and at the latest within 7 days from the date of receipt. If a complaint takes longer to process than expected, the trader will respond within 7 days by acknowledging receipt and giving an indication of when the consumer can expect a more detailed response.

• All issues must be reported to the seller first and a 30 day grace period plus shipping time must be allowed if a replacement item needs to be shipped, before legal action can be taken. The seller always endeavors to eliminate justified complaints before the end of the 30-day period. The seller can decide where the contract concluded between him and the consumer should be negotiated in the event of a dispute. As a rule, this is not the place of residence of the buyer. The buyer cannot claim costs for locally incorrectly initiated legal disputes or legal advice.

• Amendments to these terms and conditions will only come into force once they have been published, it being understood that in the case of amendments applicable during the term of the offer, the provisions most favourable to the consumer will prevail.

• To ensure consumer online safety, the merchant works with recognized online safety partners. This reduces the risk of loss or theft of identity data to a minimum. The trader takes all possible precautions and acts as an online intermediary, taking all necessary precautions like a far-sighted person. If anything is unclear, the seller can request additional documents from the buyer to verify his identity. The seller has the right to refuse certain payment methods in individual cases or to specify only a certain payment method for security reasons or to refuse the order completely. In such a case, the buyer has the right to refuse other payment methods or self-disclosures and to cancel the purchase contract. Funds will only be returned to the same account they were sent from. Any expenses for a refund are to be borne by the buyer.

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