General terms and conditions for placing orders in our online store

I. Provisions for consumers and entrepreneurs

§ 1 Contractual partner, scope of application

(1) The contractual partner of the contracts concluded via this online store is:

Hacker Motors USA LLC

PO Box 83

Whitehall, MI 49461

USA

E-Mail: shop@hackermotors.us

(2) The following General Terms and Conditions apply to all contracts concluded via this online store. For entrepreneurs, the special provisions and II. of these terms and conditions apply additionally and primarily.

(3) The offers in this online store are directed at consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.  An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity

§ 2 Conclusion of the contract, technical steps of the conclusion of the contract

(1) The product offers in our online store represent binding offers to conclude a contract for the respective item if the item is marked as “in stock” or as “in production or incoming.” We do not conclude any contracts regarding sold out articles. In this respect, we will welcome your inquiry as to whether the item can be procured for you.

The contract is concluded when you click the “buy” button at the end of the ordering process.

(2) When ordering via our online store, the ordering process includes the following steps.

You select the desired goods and place them in your virtual shopping cart without obligation to buy by clicking the “Add to Cart” button. You can view the contents of the shopping cart at any time without obligation by clicking on the button “Shopping cart” located at the top of the website and delete each individual product in the shopping cart at any time by clicking on the “x” button from the shopping cart or change the quantity by changing the number of pieces and clicking on the button “Update shopping cart”.

You can then continue shopping by clicking the button “Proceed to checkout”.

Here you can enter your personal data and specify a different delivery address and, if you wish, enter a comment for your order. 

Though PayPal is our only payment portal, you do not need a PayPal account to place an order with us.  Simply click the “Proceed to PayPal” button, then choose the option at the bottom: “Pay with debit or credit card.” Only by clicking the “Pay Now” button, you declare binding acceptance of our offer to conclude a purchase contract. This concludes the purchase contract.

After submitting your contractual declaration, the content of the purchase contract will be listed once more on our website. Depending on the selected payment method, you will already receive further information on the payment process. In addition, you will receive an e-mail to the e-mail address you provided, which confirms receipt of your declaration of acceptance and the conclusion of the contract and lists the details of the purchase agreement.

§ 3 Storage of the text of the contract, accessibility of the text of the contract and the GTCs

(1) We store the contract copy of your order. You can print and/or save the content of your order immediately after placing it. The printout is made in each case by pressing the “print” button.

(2) After the order process, you will find the necessary information in your customer account. You can view orders placed in your customer account at any time by clicking the “Orders” button under “My Account”.

§ 4 Contract language

The conclusion of the contract in our internet store is exclusively in English.

§ 5 Prices, shipping costs

(1) The prices stated in our online store are in USD ($).

(2) In addition to the stated prices, we charge shipping costs for delivery. These shipping costs depend on the destination and the content of your order. You can see the shipping costs at any time after entering your personal data in your shopping cart. According to your information in the order process, the specific shipping costs are displayed in the shopping cart before submitting the order.  The shipping costs are to be paid by the Buyer in addition to the price of the goods. Individual products bring their own surcharge on the shipping costs. This surcharge is displayed on the product pages and in the shopping cart system. The total shipping costs are then again clearly communicated in the shopping cart system and on the order page and before the order process is completed.

§ 6 Terms of payment

(1) We offer the following payment options: PayPal, debit, or credit card

§ 7 Terms of delivery

(1) The dispatch of the goods takes place for products that are marked “in stock” within 4-5 working days (Monday to Friday, holidays excluded), whereby this period is calculated from the conclusion of the contract for payment by PayPal. We point out deviating delivery times on our product pages.

(2) If an ordered item is not available because we are not supplied, not supplied correctly or not supplied on time by our supplier through no fault of our own despite the supplier’s contractual obligation, we shall be entitled to withdraw from the contract. We will immediately inform the buyer that the ordered goods are not available or only available at a later date. In the event of withdrawal, we will immediately refund any payments already made.

§ 8 Right of withdrawal

Consumers are entitled to a statutory right of withdrawal for contracts concluded via this online store in accordance with the following instructions. A consumer is any natural person who enters a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

(1) Cancellation policy

(2) Notes to facilitate the handling of returns

The following instructions do not constitute a prerequisite for the effective exercise of your statutory right of withdrawal. By following these instructions, you will facilitate and accelerate our internal order and return processing:

• Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
• Please send the goods back to us as an insured package and keep the delivery receipt. Please do not return the shipment as “freight collect” under any circumstances. As a matter of principle, we do not accept freight collect shipments.
• Email us at shop@hackermotors.us to announce the return before sending it back. In this way you enable us to allocate the products as quickly as possible.

(3) Entrepreneurs have no right of withdrawal.

§ 9 Defect rights

(1) For consumers, the statutory provisions shall apply in the event of a defect in the purchased item.

(2) If, in addition to the statutory warranty to which the buyer is entitled, a warranty exists, in particular of the manufacturer, the rights to warranty for defects against us regulated by law shall of course not be limited thereby. In the event of the existence of a manufacturer’s warranty, we shall enclose more detailed information on the content and assertion of the warranty with the consignment of goods.

§ 10 Retention of title

The delivered goods remain our property until full payment.

§ 11 Customer service

You can reach our customer service for questions, complaints and objections by e-mail at shop@hackermotors.us

§ 12 Data protection

We inform you that the data transmitted by you within the scope of the business transaction will be processed and stored with the help of an EDP system. Personal data will of course be treated confidentially. You expressly agree to the collection, processing and use of personal data. You have the right to revoke your consent at any time with effect for the future.

a) Collection and processing of personal data/disclosure

Personal data is only collected to the extent that it is required for the processing of orders. We do not pass them on to third parties. The only exceptions to this are our service partners who we need to process the order. In these cases, we strictly observe the requirements of the Federal Data Protection Act. The scope of data transfer is limited to a minimum.

b) Information, correction, blocking and deletion of data

You have the right to information, correction, deletion or blocking of your stored data at any time. Feel free to contact us anytime, you will find the contact details in our imprint.

c) Subscribing to and unsubscribing from our newsletters

When you subscribe to our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. Unsubscribing is possible at any time and is not bound to any form.

d) Links to other Internet sites

Insofar as we refer or link from our website to the websites of third parties, we cannot assume any warranty or liability for the correctness or completeness of the contents and the data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.

You can find the detailed data protection policy here.

§ 13 Applicable law and place of jurisdiction

United States law shall apply exclusively. In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.

II. Special provisions ONLY for entrepreneurs

The following provisions shall apply in addition only in legal transactions with entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB). In the event of contradictions with the above provisions for consumers and entrepreneurs, the following provisions shall take precedence in legal transactions:

§ 1 Prices

The prices applicable to entrepreneurs are ex works excluding packaging, freight and insurance plus statutory value added tax.

§ 2 Payment

(1) If we deliver on account, our invoices are due for payment immediately. Deductions, such as cash discounts, are not permitted unless expressly agreed otherwise. The buyer shall be in default if the respective amount due is not paid by the agreed payment date. Unless a date is specified, the buyer shall automatically be in default if the invoice amount is not paid to our account within 14 days of receipt of the invoice. The date of receipt of the payment by us shall be decisive. An earlier occurrence of default in accordance with the statutory provisions, in particular by means of an overdue notice, shall remain unaffected.

(2) The Buyer shall be entitled to rights of set-off and retention if his counterclaims have been legally established, are undisputed or have been acknowledged by us.

§ 3 Transfer of risk

The risk shall pass to the Buyer when the goods are handed over to the transport person.

§ 4 Cooperation obligations of the Buyer

(1) The Buyer shall be obligated to perform all contractually regulated, required or in good faith owed acts of cooperation in a timely manner.

(2) The presentation of the goods shall comply with our first-class brand image. To this end, the Buyer shall in particular comply with the following conditions:

• A well-kept and invitingly designed business premises with usual opening hours as well as an intact and up-to-date business equipment with a specialized department,
• A clear and appealing presentation of goods in the business premises and store window, which enables the customer to inform himself about the goods and to compare the goods and prices of different manufacturers,
• Contract products are sold exclusively by trained and technically qualified sales personnel,
• Provision of an on-site repair and spare parts service and a service telephone number,
• No resale of contract goods to retailers or resellers.

The above conditions apply accordingly to resale via the Internet. Auction sales as well as sales under the option “price proposal” are prohibited without our written consent.

§ 5 Warranty

(1) Only the express contractual product description shall be deemed the quality agreed upon. Illustrations, drawings, quality, quantity, weight, dimension, and performance specifications contained in our brochures and printed materials shall only be considered approximate values. A warranty shall only exist if such a warranty has been expressly given using this term.

(2) The Buyer shall be obliged to inspect the goods immediately for defects, including deviations in quality and quantity. In order to safeguard claims for defects, any complaints about the goods must be notified to us in writing within 10 days of delivery to the destination at the latest, and in the case of hidden defects immediately after discovery. Otherwise, the delivery shall be deemed to have been approved in accordance with the contract. Bills on delivery bills shall not be deemed to be notices of defects. Transport persons shall not be entitled to receive notices of defects.

(3) The limitation period for claims for defects shall be one year from delivery. In the case of repairs, the warranty shall only apply to the replaced parts and repair services rendered.

(4) Warranty claims shall only exist if the goods do not have the quality owed at the time of transfer of risk. Accordingly, there shall be no warranty, for example, in the event of complaints due to incorrect operation, unauthorized intervention, non-observance of maintenance or operating instructions, use of third-party parts/unapproved spare parts/operating resources or other improper handling. Furthermore, no claims for defects shall exist in the event of natural wear and tear. The proof of the existence of a defect shall be incumbent on the Buyer.

(5) In the event of proven defects, we shall, at our discretion, provide a warranty by rectifying the defect free of charge or by making a subsequent delivery (subsequent performance). We shall be entitled to require the Buyer to return the defective goods to us in advance for the purpose of examining the complaint and, if necessary, for subsequent improvement or subsequent delivery. The necessary transport costs for the return of the goods shall be borne by us in the case of justified complaints. The expenses of subsequent performance to be borne by us shall not include the costs for any necessary removal of the defective goods and for the reinstallation of the goods that have been repaired or delivered as replacement.

(6) The Buyer may only withdraw from the contract or reduce the purchase price if no attempt is made to remedy the defect within a reasonable period set by us or if the remedy is impossible, refused, failed or unreasonable. The period for subsequent performance must be at least four weeks, provided that there are no justified interests of the Buyer to the contrary. In case of doubt, a failure of the supplementary performance shall only be assumed after the third failed attempt of supplementary performance. The Buyer shall not be entitled to withdraw from the contract due to minor defects. In addition to the statutory requirements, the special provisions in § 12 shall apply to claims for damages due to defects.

(7) Due to defects, the Buyer may withhold payments only to an extent that is reasonable in relation to the defects that have occurred. Your rights in the event of defects in the purchased goods shall be governed by the statutory provisions.

§ 7 Unjustified requests for return by the Buyer

(1) We point out that entrepreneurs are not entitled to a (groundless) right to cancel the contract or return the goods. If the Buyer returns goods to us with the request to rescind the contract, the return shall be understood as an offer by the Buyer to rescind the contract based on the following flat rates for expenses, unless expressly agreed otherwise with the Buyer in advance or the Buyer expressly declares otherwise:

• Goods that can be resold unchanged: Expense fee in the amount of 10% of the purchase price
• Goods that have to be inspected and re-secured: Expense fee in the amount of 15% of the purchase price
• Goods that have to be re-boxed: Expense fee in the amount of 25% of the purchase price

(2) The Buyer shall not be entitled to have his request for return accepted. If we accept the request for return, the purchase price shall be refunded to the Buyer after deduction of the aforementioned lump-sum expenses. If we reject the request for return, the goods will be returned to the Buyer by cash on delivery at his expense.

§ 8 Liability, Withdrawal, Buyer’s Liability for Damages

(1) The statutory provisions shall apply to the right to rescind the contract with the provision that the Buyer shall only be entitled to rescind the contract due to a breach of duty not consisting in a defect if we are responsible for the breach of duty.

(2) In principle, we shall only be liable for damages, provided that the other requirements for claims are met, if we are guilty of intent or gross negligence. In the case of simple negligence, we shall be liable in the event of a breach of an obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, shall be excluded.

(3) If we are charged with simple negligence, our liability shall be limited to the damage that we could typically expect to occur under the circumstances known at the time of conclusion of the contract. In the event of simple negligence, we shall also not be liable for damages that did not occur to the delivery item itself, for consequential damages, lost profits or other financial losses of the Buyer. For damage caused by delay, we shall be liable for a maximum of 0.5% of the value of the delayed performance for each full week of delay, limited to a maximum of 5% of the value of the delayed performance.

(4) The above exclusions and limitations of liability shall not apply insofar as we have assumed a warranty, for damages which are to be compensated according to the Product Liability Act, as well as for damages to life, body or health.

(5) The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whom we use to fulfill the contract.

(6) The statutory provisions shall apply to the Buyer’s liability for damages with the proviso that, in the event that the Buyer owes damages instead of performance, we shall be entitled to demand lump-sum damages in the amount of 15% of the performance, unless the Buyer proves that the damages are lower. We reserve the right to claim higher damages in accordance with the statutory provisions.

§ 9 Statute of Limitations

(1) The limitation period for claims based on defects shall be one year from delivery (§ 6 (3)).

(2) Other contractual claims of the Buyer for breach of duty shall become statute-barred after one year. This shall not apply to the Buyer’s right to withdraw from the contract due to a breach of duty for which we are responsible, and which is not due to a defect. (3) By way of derogation, the statutory limitation periods shall apply to the following claims of the Buyer:

• Claims for damages arising from product liability, for damages arising from injury to life, body, health, or a material contractual obligation, as well as for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents,
• claims for reimbursement of expenses pursuant to Section 478 (2) of the German Civil Code (BGB),
• claims for fraudulent concealment of a defect.

(4) Our claims against the Buyer shall become time-barred in accordance with the statutory provisions.

§ 10 Place of Performance and Jurisdiction

(1) Place of performance for delivery and payment is Whitehall, MI.

(2) In legal transactions with merchants, Whitehall, MI is agreed as the exclusive place of jurisdiction.

Status: 09.18.2007

Further Information

Identity of the seller

Hacker Motor USA LLC

PO Box 93

Whitehall, MI 49461

E-Mail: shop@hackermotors.us

Contract text

The contract text is stored on our internal systems. You can view the general terms and conditions at any time on this page. The order information will be sent to you by e-mail. You can view your past order data in our customer login area.