Some of the parts we supply are racing parts and do not comply with any approval by the German Federal Motor Transport Authority. However, almost all street parts have a Vehicle Type Approval (in Germany – ABE).


Generel information
We solely perform our deliveries and services based on these Terms and Conditions.
Our customers’ terms and conditions are without any commitment on our part even if we do not explicitly object to them. Deviating agreements must be in writing.


Offers and prices
All of our offers are subject to change until final confirmation (orders taken by phone are at the buyer’s risk). These Terms and Conditions are accepted with the placement of the order. The prices on the day of delivery or the prices in the latest price list apply for the calculation of charges. We are entitled to pass on price increases from our suppliers. Price increases for non-merchants are permissible accordingly, if there is a time period of more than 3 months between contract conclusion and delivery. Special orders are only accepted against a 50 % advance payment. The order constitutes a duty to accept the delivered merchandise. Our prices are quoted without the packaging costs resp. shipping charges. The indicated gross prices include the statutory value added tax amounting to 19 %.


Delivery and Shipment
Shipment within Germany via DHL COD 11 Euros,
within Europe 22 Euros,
shipment worldwide ( e.g. Australia, USA, Canada, South Africa, Asia...  50 Euros for Standard Service / 80 Euros Premium Service with Deutsche Post /DHL).

Shipment is also possible per prepayment; the packaging costs/shipping charges then amount to 9 Euros within Germany.


All time limits for deliveries and services are subject to change. We must acknowledge binding time limits in writing. Inabilities through no fault of our own prolong the time for delivery for the duration of the impediment. Six weeks after exceeding the binding or non-binding delivery date, the buyer can request that we deliver within an appropriate period of time – we are then in default. The buyer can then withdraw from the contract; a claim for damages is not possible. We deliver to non-merchants against prepayment or cash on delivery via DHL. The shipping charges are included in the amount to be collected (as are the packaging costs). Collection by the customer is possible on appointment. Delivery with DHL on account is also possible for merchants, which must be paid within 10 days. Trade discounts, etc. may not be used. In the event of default of payment, we reserve the right to charge interest amounting to 3 % above the respectively valid market rate. Should the buyer require a different type of dispatch, he/she must bear the additional costs for this. The risk is passed to the buyer when the consignment is handed over to a freight forwarder, i.e. upon leaving our warehouse. We do not take out cargo insurance; we only deliver at the buyer’s risk and expense.
Ordered and shipped merchandise must be accepted. Otherwise we are entitled to store it at the buyer’s risk and expense or to demand 10 % of the merchandise value.





Cancellation policy:
The customer has the right to cancel his/her order in writing (e.g. letter, fax, email) without giving reasons or if the merchandise has been received before expiry of the time limit, by returning the merchandise unless the customer acted in an entrepreneurial manner by exercising commercial or self-employed occupational activities.

At the earliest, the time limit begins after receiving this policy in text form however, not before the consignee receives the merchandise (in the case of recurring deliveries of the same type of merchandise, not before receiving the first partial delivery) and not before fulfilling our duties to supply information according to § 312c sec. 2 German Civil Code (BGB) in conjunction with § 1 sec. 1, 2 and 4 German Civil Code Information Ordinance (BGB-InfoV) as well as our duties according to § 312e sec. 1 sentence 1 German Civil Code (BGB) in conjunction with § 3 German Civil Code Information Ordinance (BGB-InfoV). The punctual dispatch of the cancellation notice or the merchandise is sufficient in ensuring the cancellation period.

The cancellation notice is to be sent to:

Ilmberger Carbonparts
Hahilingastr. 5
D-82041 Oberhaching
Germany
 

Cancellation consequences

In the event of an effective cancellation, the merchandise or payments received by either party are to be returned and, if applicable, any benefits derived (e.g. interest) surrendered. Should the customers not be able to return the received merchandise or only be able to return it in part or only in a deteriorated condition, the customer may be liable to compensate us accordingly. The fundamental duty to compensate for the deterioration of the merchandise resulting from the intended use thereof only exists if the customer has received this cancellation policy in text form upon conclusion of the contract at the latest. The duty to compensate does not exists for delivered merchandise insofar as the deterioration of the merchandise can be solely attributed to the inspection thereof – as it would have been possible for the customers in a store for example. Furthermore, the customer can avoid the duty to compensate for a deterioration resulting from the intended use of the merchandise by not using the merchandise as if it were his/her own property and refraining from any activity, which affects its value.

Merchandise which cannot be sent as a parcel is to be returned at our risk. The customer must pay the costs for the return shipment of merchandise, which can be sent as a parcel, if the delivered merchandise corresponds to the merchandise ordered and if the price of the merchandise being returned does not exceed an amount of 40 Euros or in the event of a higher price of the merchandise, if the customer has not yet rendered a return service or a contractually stipulated partial payment at the time of cancellation. Otherwise the return shipment is free of charge for the customer. Merchandise which cannot be sent as a parcel is picked up from the customer’s location.

 

Lapse and exclusion of the right of cancellation
Pursuant to § 312d sec. 3 no. 2 German Civil Code (BGB) the right of cancellation lapses for a service if we have started with the execution of the service before the end of the cancellation period with the explicit consent of the customer or the customer has initiated this him-/herself.

The customer can print or store the textual content of this policy on his/her personal computer using the browser menu bar or by means of the keyboard shortcut (Ctrl p, Ctrl s).




Title Retention and Warranty
We reserve the right to ownership over all merchandise we deliver until all claims, including future and conditional claims, resulting from the business relationship with the customer have been met. The title retention also includes new merchandise manufactured through processing. The customer is entitled to sell the merchandise delivered under title retention in routine business transactions. The customer assigns all claims from the resale to us. Notification of defects for apparent defects is to be claimed within 8 days in writing; complaints after this time limit will not be accepted. As far as we are responsible for the defects, compensation will be rendered by repairing the delivered item or providing replacement delivery. The item is to be returned to us post-paid. Freight collect deliveries will not be accepted.  Other warranty claims or claims for compensation are excluded.

Miscellaneous
A modification of the merchandise we delivered and any other renaming is prohibited. Unless otherwise agreed, the price for repairs is not determined until after the work has been completed – cost estimates are non-binding. As far as damage results when performing this work, liability is only assumed in the event of gross negligence. In general, any liability, which is based on slight negligence, is excluded.

Final Provisions
Place of fulfilment and sole jurisdiction is our company’s domicile. The effectiveness of all verbal agreements is subject to the written form.