General Terms and Conditions (GTC) of ATJ Automotive GmbH 

1. scope of application
1.1 These General Terms and Conditions shall apply to all orders placed by customers in the online store of ATJ Automotive GmbH, Eibenstocker Straße 39f, 08349 Johanngeorgenstadt (hereinafter referred to as "ATJ") as well as to orders placed by telephone. They regulate the conclusion of the contract between ATJ and a customer, the processing of concluded contracts and the mutual rights and obligations.
1.2 The following General Terms and Conditions shall apply exclusively to the business relationship between ATJ and the Customer in the version valid at the time of the order. ATJ shall not recognize any deviating terms and conditions of the Customer, unless ATJ has expressly agreed to their validity.

2. Provider and Contractual Partner
Provider of the online store and contractual partner of the customer is:

ATJ Automotive GmbH, Eibenstocker Straße 39f, 08349 Johanngeorgenstadt, Germany.
Managing director: Michal Dornák & Marlene Meyer

Tel.: 0049 - 3773 / 50 55-0
Fax: 0049 - 3773 / 50 55-25
E-Mail: info@fox-sportauspuff.de
Internet: http://www.fox-sportauspuff.de/
Commercial register number: HRB 7013 Local Court Chemnitz

3. conclusion of contract, contract language and storage of the contract text
3.1 Conclusion of contract for orders via our online shop
3.1.1 The presentation of the goods in our online store is not a binding offer to the customer, but is merely an online sales prospectus.
3.1.2 The Customer's submission of the order (of the online order form) shall constitute a binding offer by the Customer to ATJ to conclude a purchase contract for the Goods included in the order on the terms and conditions communicated with the order.
3.1.3 Upon receipt of the order, ATJ shall send the Customer an e-mail confirming receipt of the order by ATJ and listing its details (order and contract confirmation). With this e-mail confirmation, the purchase contract shall be concluded.

3.2 Conclusion of contract for telephone orders
3.2.1 The following shall also apply here: The presentation of the Goods in our online store shall not constitute a binding offer to the Customer, but merely an online sales prospectus.
3.2.2 The order placed by the Customer by telephone shall constitute a binding offer by the Customer to ATJ to enter into a purchase contract for the ordered Goods.
3.2.3 The receipt of the order by ATJ's telephone operators, who are merely receiving agents and cannot make any legal declarations on behalf of ATJ, shall not constitute a binding acceptance of the Customer's order.
3.2.4 Upon receipt of the order, ATJ shall send the Customer an e-mail confirming receipt of the order by ATJ and listing its details (order and contract confirmation). With this e-mail confirmation, the purchase contract shall be concluded. 

3.3. Vertragssprache und Speicherung des Vertragstexts
3.3.1 The conclusion of the contract can currently only take place in German.
3.3.2 The contract text (the order) of a customer is stored by us. However, this stored contract text is not accessible to the customer. However, the customer has the option of archiving the contract text of his order in accordance with the following provisions.
3.3.3 The customer can view the current version of these General Terms and Conditions in the online store at any time; outdated versions are not kept there. The customer may also print or save this document, e.g. by using the usual functions of his program for viewing Internet pages (=browser: there usually "File" -> "Print" or "Save as").
3.3.4 The customer can additionally archive the data of his order by printing or saving the data summarized on the last page of the order process in the online store with the help of the functions of his browser or the buyer waits for the order and contract confirmation, which we additionally send to the customer by e-mail after completion of his order to the e-mail address provided by him. This e-mail contains once again the data of the order of the buyer and these General Terms and Conditions and can be printed or saved with the e-mail program of the buye 

4. return of goods without comment within the revocation period
If you return goods delivered to us within the revocation period (see the revocation policy for details) without giving any further information, we will consider the return as a revocation. If you do not wish a revocation, but want to assert warranty claims, we ask you to expressly inform us of this when returning the goods. 

5. prices, shipping costs and terms of payment
5.1 All prices stated in our online store include the statutory value added tax. All prices are ex stock including packaging and plus all shipping costs incurred.
5.2 Shipping costs: A list of the shipping costs incurred in detail can be found here (note: link to the shipping costs on your homepage). For orders placed via our online store or by telephone, there are no provision costs for self-collectors.
5.3 When ordering from Switzerland or other countries that charge import duties, please note that ATJ has no influence on the amount of customs duties or taxes to be paid in your country. In this case, please inform yourself about the charges applicable to you for an order, which will be levied only when the goods are imported into your country. These fees are NOT charged by ATJ and are NOT already included in the shipping fees.
5.4 The customer can choose between the following payment methods: Invoice, direct debit, payment in advance, PayPal, credit card or financing via Santander Bank. For the payment methods Paypal, invoice, credit card and direct debit, the General Terms and Conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg apply, which are available here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE 

In case of financing through Santander Bank you can find it at: https://www.santander.de/content/pdf/agb-sonderbedingungen/allgemeine-geschaeftsbedingungen.pdf 

6. delivery
6.1 Delivery shall be made by shipment ex warehouse to the delivery address provided by the customer or, if agreed, by collection by the customer from our retail store (self-collection).
6.1 In the event of collection by the customer, the customer shall receive a separate notification by e-mail that the ordered goods are ready for collection. If the goods are not collected within one week from receipt of the notification that the goods are ready for collection, ATJ shall be entitled to set the Customer a reasonable deadline for collection of the goods by e-mail. If the Customer fails to collect the goods within such period, ATJ shall be entitled to withdraw from the contract. If ATJ makes use of this right of withdrawal, ATJ shall notify the Customer thereof without undue delay by e-mail or in writing; any payments already made by the Customer shall also be refunded to the Customer without undue delay.
6.2 In case of dispatch: If ATJ accepts the Customer's order, the delivery of the goods shall be arranged immediately upon receipt of the order, provided that the goods are in stock. If a production is necessary, the delivery time will be agreed individually or indicated by us upon acceptance of the order.
6.3 Delivery in case of prepayment: In case of orders against prepayment, the delivery shall only take place after ATJ has received the money in full. In the case of advance payment orders, ATJ shall not reserve the ordered goods for the Customer until receipt of payment. Should there be any delays in delivery in this context, e.g. because the ordered goods have been sold out in the meantime and have to be reordered, ATJ shall inform the Customer thereof without delay.
6.4 If ATJ is not able to deliver the ordered goods through no fault of its own because ATJ's supplier does not fulfil its contractual obligations, ATJ shall be entitled to withdraw from the contract with the Customer. However, this right of withdrawal shall only exist if ATJ has concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and the non-delivery of the goods is also not attributable to ATJ in any other way. In the event of such a withdrawal, the customer shall be informed immediately that the ordered product is not available. Any consideration already paid by the customer shall be refunded without undue delay.
6.5 If ATJ is prevented from fulfilling a delivery obligation due to the occurrence of unforeseen events affecting ATJ or its suppliers and ATJ could not avert such events even with reasonable care under the circumstances, e.g. force majeure, war, natural disasters, strike, lockout, fire damage, epidemics, pandemics or official orders, the delivery period shall be extended by the duration of the hindrance plus a reasonable start-up period. ATJ shall immediately notify the Customer of the occurrence of such events. The Customer's statutory claims shall remain unaffected thereby. 

7. transport damages
7.1 Insofar as the delivery is made to the delivery address provided by the Customer, ATJ shall engage a freight company for this purpose (e.g. DPD, DHL or GLS) -> please check/supplement. The risk that the goods perish or are damaged during transport shall be borne by ATJ according to the law in relation to the Customer, unless the Customer is in default of acceptance.
7.2 In order for ATJ to be able to secure possible claims against the transport company due to transport damage, externally visible transport damage must be reported to the parcel carrier upon delivery of the order; externally non-visible transport damage must be reported to the transport company by us at the latest within 7 days after delivery by the transport company to the Customer, as otherwise it shall be assumed to the detriment of ATJ that the order was delivered without transport damage.
7.2.1 In the event of externally visible transport damage, the package shall be opened upon delivery and inspected for transport damage. If transport damage is detected during this inspection, this must be reported to the parcel carrier and confirmed by the parcel carrier.
7.2.2 In the event of transport damage not visible from the outside, the goods shall be left in the original packaging as far as possible and ATJ shall be informed of the damage immediately by telephone or by e-mail.
7.2.3 Warranty claims due to possible transport damages shall not be affected by the above provisions. 

8. retention of title
8.1 The delivered goods shall remain the property of ATJ until full payment has been made.
8.2 For entrepreneurs, the following shall apply in addition: We reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from such resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept such assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. 

9 Warranty
9.1 The customer shall be entitled to the statutory warranty rights (subject to the provision for entrepreneurs in Section 9.3).
9.2 No warranty shall be assumed for damage resulting from improper or unsuitable use, faulty commissioning or assembly, natural wear and tear, negligent or faulty use, failure to observe the maintenance or operating instructions and improper repair work or modifications by the customer or third parties.
9.3 If the Customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the following shall continue to apply to the Customer's warranty claims as agreed: Insofar as ATJ has to provide a warranty due to a defect by way of subsequent performance, the choice as to whether the subsequent performance shall be effected by way of rectification or replacement delivery of a defect-free item shall lie with ATJ. Obvious defects must be notified to ATJ in text form (e.g. e-mail) without delay, at the latest within 14 calendar days after delivery of the goods; hidden defects must also be notified in text form (e.g. e-mail) without delay, at the latest within 14 calendar days after they become known. If the notification of defects is not made in due time, the warranty rights of the Customer in relation to the defect not notified in due time shall be excluded. This shall not apply, however, if ATJ has fraudulently concealed the defect and/or has assumed a corresponding warranty.
9.4 The warranty period shall generally be 2 years for consumers and 1 year for entrepreneurs, calculated from the transfer of risk. 

10 Liability
10.1 Notwithstanding the foregoing provisions and the following limitations of liability, ATJ shall be liable without limitation for damage to life, body and health caused by a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage caused by intentional or grossly negligent breaches of contract as well as fraudulent intent by our legal representatives or our vicarious agents. Insofar as ATJ has given a guarantee of quality and/or durability with regard to the goods or parts thereof, it shall also be liable within the scope of this guarantee. However, ATJ shall only be liable for damage based on the absence of the guaranteed quality or durability but not directly occurring on the goods if the risk of such damage is obviously covered by the quality and durability guarantee. ATJ shall also be liable for damage caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, ATJ shall only be liable to the extent that the damages are typically connected with the contract and are foreseeable. ATJ shall otherwise not be liable for simple negligent breaches of ancillary obligations not essential to the contract. The limitations of liability contained in sentences 1 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned. Any further liability shall be excluded irrespective of the legal nature of the asserted claim. Insofar as the liability of ATJ is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
10.2 The installation of the products distributed by ATJ must be carried out professionally, preferably by a specialist workshop. ATJ expressly points out that the installation and assembly of the Purchased Articles may result in the expiry of the general operating permit (ABE) or the approval for the converted motor vehicle. It is the sole responsibility of the customer to immediately seek ABE, approval or appraisal if necessary. Without ABE or approval according to the StVZO, motor vehicles may not be driven and used within the scope of the StVZO. 

11. right of withdrawal of the customer as a consumer 

When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which they are instructed as follows in accordance with the statutory regulations:

CANCELLATION POLICY 

Right of withdrawal 
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. 

In order to exercise your right of withdrawal, you must send us, 

ATJ Automotive GmbH, Eibenstocker Straße 39f, 08349 Johanngeorgenstadt, Germany
Fax: 0049 - 3773 / 50 55-25
e-mail: info@fox-sportauspuff.de 

by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. 

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

Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. 

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about ... € (forwarding agency). You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. 

ample cancellation form 

(If you want to revoke the contract, please fill out this form and send it back. The form is not mandatory) 

To:
ATJ Automotive GmbH
Eibenstocker Straße 39f
08349 Johanngeorgenstadt 

Fax: 0049 - 3773 / 50 55-25
E-Mail: info@fox-sportauspuff.de 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*) _________________________________________________________________________________________________________________________________________________________________________________________________________________________ 
Ordered on (*)/received on (*)___________________________________________
Name des/der Verbraucher(s)___________________________________________
Anschrift des/der Verbraucher(s)_________________________________________ 

Date, signature of consumer(s) (only in case of paper communication) 

_________________________________________________
(*) Delete where not applicable. 

11. alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so. 

12. choice of law and place of jurisdiction
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the applicability of mandatory consumer protection law shall remain unaffected.
12.2 The legal regulations apply to the place of jurisdiction. 

 Johanngeorgenstadt, october 16th, 2023