Terms and Conditions

General Terms and Conditions (GTC)

MyRaceArt
Valid from: March 30, 2025

1. Scope

1.1 These Terms and Conditions apply to all business relationships between MyRaceArt ("Provider", "we") and all customers ("Customer", "you") in the context of the use of the website myraceart.ch and all related services, including orders, digital and physical products, support and advice.
1.2 Deviating terms and conditions of the customer will only be accepted if we expressly agree to their validity in writing.

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2. Conclusion of contract

2.1 The product presentations on the website do not constitute a legally binding offer, but rather a non-binding invitation to order.
2.2 By submitting an order, you submit a binding offer to purchase. We can accept this offer within two (2) business days by confirmation (email) or delivery.
2.3 Before submitting your order, you have the opportunity to review and correct your order details.
2.4 The contract language is German.

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3. Prices and payment

3.1 All prices quoted are final prices including applicable taxes (e.g., VAT), unless otherwise stated. Shipping costs may be added to the quoted prices; these will be clearly stated before completing the order.
3.2 Unless otherwise confirmed, payments are due immediately upon conclusion of the contract. Accepted payment methods: credit card, PayPal, bank transfer, and other locally available options.
3.3 In the event of late payment, we are entitled to charge default interest at the statutory rate and, if applicable, to claim reminder and collection costs.

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4. Delivery and shipping

4.1 Delivery deadlines are non-binding unless they have been expressly designated as binding in writing.
4.2 Shipping is available worldwide; delivery costs and delivery times are displayed before completing the order. Any additional customs or import fees in the destination country are the responsibility of the customer.
4.3 If an ordered product is not available, we will inform you immediately and, if applicable, refund any payments already made.

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5. Right of withdrawal (consumers, EU/EEA)

5.1 If you are a consumer and your place of residence is in the EU/EEA, you are entitled to the statutory right of withdrawal (Section 13 et seq. of the Distance Selling Act). You can withdraw from the contract within 14 days without giving any reason in writing or by email.
5.2 The cancellation period shall be 14 days from the day on which you or a third party designated by you receives the goods.
5.3 To meet the deadline, timely dispatch is sufficient.
5.4 In case of effective cancellation, we will refund all payments, including shipping costs (excluding additional costs resulting from a non-selected standard delivery).
5.5 You shall bear the direct cost of returning the goods unless the value of the goods exceeds EUR 40 or you have not previously declared your right of withdrawal.
5.6 If you cancel your purchase after the product has been shipped, return shipping costs may apply.
5.7 The right of withdrawal does not apply to: individual modification requests, personalized products, perishable goods, etc. - in accordance with applicable law.

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6. Retention of title

The delivered goods remain our property until full payment has been made.

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7. Warranty (Warranty – Germany & EU)

7.1 The statutory warranty for consumers applies.
7.2 In the event of a complaint about defects, consumers are entitled to subsequent performance (repair or replacement delivery).
7.3 If subsequent performance fails, consumers may, at their discretion, reduce the price or withdraw from the contract.
7.4 We are only liable for lost data in cases of gross negligence or intent.
7.5 The above rights do not exclude other statutory claims, in particular in cases of intent, gross negligence, damages under product liability, personal injury and claims arising from mandatory regulations.

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8. Limitation of Liability

8.1 We are liable without limitation for damages resulting from injury to life, body or health as well as under the Product Liability Act and in cases of gross negligence or intent.
8.2 In the event of slight negligence, our liability is limited to the foreseeable, typically occurring damage, subject to point 8.1.
8.3 We are not liable for data loss unless there is actual intent or gross negligence on our part.

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9. Data protection and confidentiality

9.1 Personal data is processed in accordance with our privacy policy, which can be viewed at www.myraceart.ch/datenschutz .
9.2 We treat customer information confidentially and only pass it on to third parties in accordance with the privacy policy.

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10. Final provisions

10.1 The contractual language is German.
10.2 Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The most legally permissible provision that corresponds to the spirit of the invalid provision shall apply.
10.3 For contracts with entrepreneurs, legal entities under public law, or special funds under public law, the place of performance and jurisdiction is Bern. For consumers, the statutory place of jurisdiction remains unaffected.
10.4 Swiss law applies. EU consumers are protected by mandatory consumer protection provisions under the law of their place of residence.