General Terms of Business

General Terms of Business (AGBs) effective March 1, 2009

Subject matter and applications of the General Terms of Business
The Following General Terms of Business (hereinafter referred to as ‘AGB’) govern the relationship between Titan-Piston Maiolo GmbH and the customer (hereinafter referred to as ‘the customer’). These AGBs are an integral part of the agreement between Titan-Piston Maiolo GmbH and the customer.

Offer: The prices in our offers and order confirmations are always binding. However, they are subject to change due to major errors and technical changes.

Conclusion of the agreement
The presentation of the products in the online shop does not constitute a legally binding offer but rather a non-binding online catalogue. After entry of your personal information and after clicking on the ‘Send Order’ button in the subsequent step of the order process, you are making a binding order of the merchandise included in the shopping cart. These terms are considered accepted upon order of the merchandise.

Delivery and shipping costs
Items available from the warehouse are generally available after the receipt of payment, within two days for shipment to a delivery service. In no case do delivery delays justify damage claims or cancellation of the contract. Deliveries, packing or shipping are at the expense and risk of the customer. They depend on the shipping type, payment type, weight and shipping goal. They are calculated before an online order in the shopping cart and listed or are mentioned with technical orders and are listed separately on the invoice. The selection of the shipping type is by the customer's request or by our best judgment in terms of what is possible. An overview on the different shipping and payment options and the corresponding prices can be found under shipping costs. If nothing to the contrary is indicated on the customer order, Titan-Piston Maiolo GmbH reserves the right to perform complete or partial deliveries.

ATTENTION! With an order under 30 euros, we add a minimum order charge of 5 euros!

Please be aware that for the bank transfer you must assume all expenses for the transfer, otherwise the fees are charged by the bank and deducted from the amount of your bank transfer. This means that we do not get the entire invoice amount credited to our account. In this case, we will not deliver until the entire invoice amount is credited to our account.
We ask for your understanding.

All offers are subject to change, because delivery bottlenecks unfortunately cannot always be precluded. All agreements regarding the delivery time apply with the condition of the actual ability to deliver. Penalties for default or other damage claims due to delivery delays are precluded. Instances of force majeure, which make performance by Titan-Piston Maiolo GmbH impossible in full or in part, allow us to completely or partially suspend our delivery obligations. We are also not obligated to meet the stipulated delivery times due to operational malfunctions, the insufficient supply of materials, raw materials, the suspension of work or similar events.
Shipping / pick-up is at the risk of the customer. As soon as the merchandise has left the warehouse of Titan-Piston Maiolo GmbH, the risk is transferred to the customer. Titan-Piston Maiolo GmbH insures the merchandise when it is sent based on the value of the merchandise, if the customer does not explicitly object to this.

We explicitly reserve the right to cancel the agreement if we are not able to deliver the ordered merchandise because the supplier is not meeting its contractual obligations. In this case, we will notify the customer immediately about the inability to deliver the merchandise and if necessary reimburse any payments to the customer immediately.

If the customer is picking up the merchandise at the premises of Titan-Piston Maiolo GmbH, the risk of accidental loss or accidental damage is transferred to the customer upon transfer of the merchandise.

We will pack the merchandise properly with our own packing materials. If you should receive a shipment or if it is not complete, report the damages immediately with the delivering company and then contact us immediately. Transport damage claims can only be processed when reported immediately.

Prices / Payment / Retention of property
Our prices are net in euros excluding recycling fee (vRG) & VAT.
We accept the following payment methods:
- Advance payment
- PayPal
- Payment upon pick-up
In the event of advance payment, the delivery only occurs if the invoice amount has been completely credited in the seller's bank account.

Prices
All prices are ex-works Titan-Piston Maiolo GmbH or, with direct delivery from the Swiss border, plus the valid statutory VAT tax. Any transport costs and other incidental costs (duties, etc.) are billed separately.

Warranty
Titan-Piston Maiolo GmbH supplies only brand-new products with the original brand quality. Titan-Piston Maiolo GmbH assumes no warranty or liability for engine parts which are sold or manufactured for use in auto racing. Engines in auto racing are often operated under conditions which lie under secure stress thresholds. Therefore, we are not liable for direct and indirect subsequent injuries to persons, for damages resulting from injuries to life, limb or health, lost profit and other financial losses of the customer. Titan-Piston Maiolo GmbH assumes no liability for errors which result from documents submitted by the customer (diagrams, samples, etc.).

Damage reports
If shipments are delivered with obvious damages to the packaging or the content, the customer must immediately report this to the shipping company / freight service, and please contact us as quickly as possible. Contact must at least be made immediately with the supplier with an indication of the damages. You are helping us to assert our own claims to the freight operator or transport insurance. If the customer is a company owner, he must inspect the supplied merchandise immediately after delivery for any defects and incorrect quantities; he must report a shipment which is missing in full or in part immediately in text form. The notification period is a maximum of 2 days for damages which became noticeable following a careful inspection, depending on the type of merchandise. If a company owner fails to report the damages immediately, on time or in the proper form, the merchandise is considered accepted in terms of this defect.

Defect reports are to be made to Titan-Piston Maiolo GmbH within 2 days after receipt of the merchandise in written form. In the event of justifiable claims, Titan-Piston Maiolo GmbH has the right to remedy the defect, perform a professional repair or a free replacement shipment. More extensive claims, such as the replacement of freight damages, penalties for default, etc., are precluded.

Data protection
The customer data are collected, processed and used according to the regulations of the Swiss Data Protection Law (Schweizerisches Datenschutzgesetz). The customer data are only used within the Titan-Piston Maiolo GmbH group and are not passed on to third parties.

Violation of industrial property rights
If you assume that one of your industrial property rights has been violated on the website www.titan-piston.com please inform us immediately by e-mail at info@titan-piston.com so that assistance can be provided to you quickly.

We make our best efforts to completely meet all legal requirements, regulations and information obligations. If you assume that this is not the case, please inform us immediately by e-mail at info@titan-piston.com

Ancillary agreements
Amendments, supplements and terminations to the agreement must be in written form. The sales and delivery terms described in the General Terms of Business also apply if explicit reference is not made to them.

Jurisdiction
All obligations are subject to Swiss Law. The place of performance and exclusive jurisdiction is Romanshorn.


Titan-Piston Maiolo GmbH
c/o Titan-Piston Maiolo GmbH Shop
Hofstrasse 30
CH-8590 Romanshorn
Switzerland


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