Terms & Conditions

Fanatec Terms & Conditions and Additional Information

Table of Contents

• 1 Scope of Application
• 2 Conclusion of Contract
• 3 Right of Revocation
• 4 Prices and Payment Conditions
• 5 Delivery and Shipping Conditions
• 6 Retention of Title
• 7 Liability for Defects (Warranty)
• 8 Liability
• 9 Redemption of Campaign Vouchers
• 10 Applicable Law
• 11 Place of Jurisdiction
• 12 Alternative Dispute Resolution

1) Scope of Application

1.1 The General Terms and Conditions of Endor AG, E.ON-Allee 5, 84036 Landshut, Germany (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter referred to as "Customer") and the Seller relating to all items available in the Seller’s online shop. The inclusion of the Customer's own terms and conditions is herewith objected to, unless otherwise agreed.

1.2 A consumer pursuant to these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither attributed to a commercial nor a self-employed occupational activity. A trader pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity, acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The item descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose for the Customer to submit a binding offer.

2.2 The Customer may submit his/her offer by using the online order form available in the Seller’s online shop. Once the selected items have been added to the virtual shopping cart and the electronic ordering process has been completed, the Customer submits a legally binding offer for the items in his/her shopping cart by clicking the “Buy now” button. Multiple discounts cannot be combined and applied to the same item.

2.3 The Customer can select items available for order in the online shop by clicking the "Add to cart" button, thereby adding them to his/her virtual shopping cart. To complete the order, the Customer can go to his/her shopping cart and proceed to check out by clicking the "Proceed to Checkout" button.

The Customer must log into his/her user account or will have to first register in the online shop. An order can only be placed if the Customer is logged into his/her user account after having successfully registered in the online shop. To register, the Customer is redirected to another page to complete the registration process by setting a password and entering his/her e-mail address, address, telephone number and, if the Customer is a corporate customer, his/her business details. The Customer completes the registration process by clicking the "Register" button. He/she will receive an e-mail with an activation link to activate his/her user account.

After entering all his/her address data and the preferred delivery method, the Customer is prompted to click the "Continue to payment" button and selects his/her preferred method of payment. In the following step, by clicking the "Continue to overview" button, the Customer can review the details of his/her order, including information on total costs. Up to this point, the Customer can still adjust the items in his/her order or cancel his/her offer. A binding offer within the meaning of Section 2.2 is only submitted when the Customer clicks the "Buy now" button. Upon finalizing his/her order, the Customer receives an order confirmation from the Seller by e-mail, which does not, however, constitute acceptance of the Customer’s contractual offer.

When purchasing specific cockpit bundle, a personalized offer is created for the customer, which leads to deviations in the ordering process. For such a purchase, it is not possible to change the shipping method during the ordering process. If you change your delivery address after receiving your quotation, additional shipping costs may apply. If your new delivery address results in lower charges, you will either be credited the difference, or a new quotation will be provided.

2.4 The Seller may accept the Customer’s offer within five days,

- by sending the Customer an order confirmation by e-mail, in which case the time of receipt of the order confirmation by the Customer shall apply, or

- by delivering the ordered items to the Customer, in which case the time receipt of the items by the Customer shall apply, or

- by requesting the Customer to pay upon placing the order.

If several of the aforementioned alternatives are available, the contract is deemed to have been concluded as soon as one of the alternatives arises first. The period of acceptance of the offer shall begin on the day following the date of submission of the Customer’s offer and end on the expiry of the fifth day following the date of submission of the offer. Should the Seller not accept the Customer’s offer within the aforementioned period, the offer will be considered to have been rejected and the Customer is no longer bound to his/her declaration of intent.

2.5 When an order is placed using the Seller’s online order form, the contract’s content will be stored by the Seller and, upon conclusion of the contract, forwarded to the Customer by e-mail, including these General Terms and Conditions, which the customer confirmed when placing his order, the cancellation policy and a sample revocation form. In addition, the contract’s content will be stored on the Seller's website and can be accessed by the Customer free of charge via his/her password-protected user account upon entering his/her login information.

2.6 Contracts can be concluded in German or English. The Customer can choose his/her preferred language by selecting the language at the top of the website.

2.7 Usually, orders are processed, and contact established by e-mail and automated order processing. The Customer must ensure that the e-mail address provided in his/her order is correct, so that e-mails sent by the Seller can be received at this address. The Customer must use the same e-mail address each time he/she logs in to his/her user account and each time he/she contacts the Seller. Variations of the e-mail address such as @gmail.com instead of @googlemail.com will not be accepted. When using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the Customer’s order can be delivered.

3) Right of Revocation

3.1 Customers are entitled to cancel their order.

3.2 Detailed information on the Customer’s right of revocation is available in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the item descriptions, all prices indicated are final prices and include the applicable value-added tax. Any additional delivery and shipping costs are specified separately in the respective item description.If delivery is made by a forwarding agent, any delivery and shipping costs are shown as a separate item in the offer to the customer and are included in the total price quoted.

4.2 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible, and which must be borne by the Customer. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Additional costs related to money transfers may also incur if the Customer makes the payment from a country outside the European Union, even if the delivery itself occurs within the European Union.

4.3 Payment is due upon conclusion of the contract. The Seller will only deliver orders against advance payment. The Customer will be informed of his/her payment option(s) during the ordering process in the Seller’s online shop.

4.4 When using PayPal to make payments, the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) processes the transaction which is subject to PayPal’s terms of use. These are available at https://www.paypal.com/us/legalhub/useragreement-full. If the Customer does not have a PayPal account, the conditions applicable to payments without a PayPal account apply. These are available at https://www.paypal.com/va/legalhub/guest-tnc.

4.5 When selecting the credit card payment method, the credit card will be debited immediately upon conclusion of the contract. Payments by credit card are processed by Adyen N.V. to which the Seller assigns its payment claim. Adyen collects the invoice amount from the Customer’s specified credit card account. In the event of assignment, payment can only be made to Ayden with debt-discharging effect. The credit card account shall be debited immediately after the Customer has completed his/her online shop order. When selecting the credit card payment method, the Seller shall remain responsible for general customer inquiries, for example regarding the goods, delivery time, dispatch, returns, complaints, declarations or submissions of revocation or credit notes.

5) Delivery and Shipping Conditions

5.1 The items shall be dispatched to the delivery address indicated by the Customer in his/her user account, unless otherwise agreed.

5.2 In case a shipment is undeliverable to the Customer and is returned to the Seller by the assigned carrier, the Customer will be liable for any and all costs incurred in returning of the undeliverable shipment. This shall not apply if the Customer has been temporarily impeded to receive the delivery, unless the Seller has given notice to the Customer within a reasonable period prior to the delivery. The provisions on the Customer's right of revocation and the effects of revocation remain unaffected. The costs for any additional expenses incurred by the Seller before the Customer exercises his/her right of withdrawal shall be offset against the payment already made by the Customer, and the difference be returned to the Customer through the original method of payment.

5.3 If the Customer acts as a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Customer upon delivery of the goods to the designated freight forwarder, carrier or other person or institution responsible for the delivery of those goods. If the Customer acts as a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Customer upon delivery of the goods to the Customer or to an authorized recipient. Deviating therefrom, the risk of accidental destruction and accidental deterioration of the sold goods shall, even if the Customer acts as a consumer, be transferred to the Customer upon delivery of the goods to the freight forwarder, carrier or other person or institution responsible for the delivery of those goods, if the Customer has designated a third-party freight forwarder, carrier or other person or institution responsible for the delivery of the respective goods, which had not been specified by the Seller.

5.4 The Seller reserves the right to withdraw from the contract in case of improper, delayed or non-delivery of the goods by its own supplier. This only applies if the Seller is not liable for the improper, delayed or non-delivery and if the Seller has concluded a congruent covering transaction with the supplier. In case of unavailability or only partial availability of the goods, the Customer shall be informed immediately and be refunded without delay.

5.5 Personal collection of the goods is not possible for logistical reasons.

5.6 For the proper fulfilment of the contract, it is necessary to pass on personal data (in particular the delivery address and, in the case of forwarding items, the telephone number and e-mail address) to our shipping partners. Further information on data processing for order processing can be found in section 8 of our privacy policy.

6) Retention of Title

6.1 If the Customer is a consumer, the Seller retains the title to the delivered goods until full payment has been made by the Customer.

6.2 If the Customer is a trader, the Seller retains the title to the delivered goods until all claims arising from the business relationship have been fulfilled.

6.3 If the Customer is a trader, he/she is entitled to resell the reserved goods in the ordinary course of business. Any claims resulting therefrom against a third party shall be assigned to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale. The Customer shall continue to have the right to collect accounts receivables even after the assignment of claims. The Seller’s right to collect the receivables him/herself remains unaffected. The Seller shall pass from collecting accounts receivables as long as the Customer meets his/her payment obligations, is not in default, and no request to open insolvency proceedings has been filed.

7) Liability for Defects (Warranty)

7.1 The goods offered in the Seller's online shop are exclusively designed and manufactured for private use. They are not suitable for commercial use.

Any condition of the purchased item that precludes its commercial use shall not constitute a defect of the purchased item.

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply:

7.2 If the Customer acts as a trader

- the Seller may choose the type of subsequent performance;

- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;

- for used goods, the rights and claims for defects are generally excluded;

- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 If the Customer acts as a consumer, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the Customer, subject to the limitation of the following clause.

7.4 Within the scope of applicability of warranty rights, defective goods may, in individual cases, be replaced by Endor within the warranty period.

A replacement (or spare part) shall either refer to delivery of a new good or one that is equivalent to a new good. If requested by Endor, the Customer shall return the defective good to Endor without delay in accordance with Endor's instructions. Endor reserves the right to charge the Customer the full price of the item if the Customer fails to return the defective good as agreed or if the defective good is further damaged in transit due to improper packaging (i.e. is not in the original packaging or in packaging that provides equivalent protection of the good).

7.5 The limitations of liability and limitation periods set out in the preceding paragraphs shall not apply

- to items, which were used for building construction in accordance with their typical usage and were the cause of the building's defectiveness,

- to claims for damages and reimbursement of Customer expenses, and

- if the Seller has fraudulently concealed the defect.

7.6 Furthermore, for traders, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected.

7.7 If the Customer is an entrepreneur pursuant to Section 1 of the German Commercial Code (HGB), he/she has the commercial duty to examine the goods and notify the Seller of any defects pursuant to Section 377 HGB. Should the Customer neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.8 If the Customer is a consumer, he/she must check the delivered goods for completeness, quality or other defects immediately upon receipt and report any defects identified to the Seller in writing within 14 working days of receipt to ensure the request is promptly processed. Should the Customer fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.

If the packaging is damaged upon delivery and/or if damage to the goods is recognizable at this time, we recommend that you document this in detail (e.g. with photos).

We recommend that you provide detailed documentation (e.g. photographs) if the packaging is damaged on delivery and/or if damage to the goods is apparent at this stage.

8) Liability

8.1 The Seller shall be liable

- in the event of injuries of life, body or health resulting from intent or negligence,

- in the event of intentional or negligent breach of essential contractual obligations, on the fulfillment of which the Customer can regularly rely and whose fulfillment is essential for the due and proper implementation of the contract,

- in case of a promise of guarantee, if and insofar such a promise was made by the Seller,

- in case of liability resulting from mandatory statutory provisions such as the product-liability-law (Produkthaftungsgesetz)

- in other cases of intent or gross negligence.

8.2 If the Seller breaches an essential contractual obligation within the meaning of Section 8.1 due to slight negligence, liability to pay damages shall be limited to foreseeable, typically occurring damage at the time of conclusion of the contract.

8.3 Otherwise, any liability of the Seller is excluded.

8.4 The aforementioned provisions on liability shall also apply to the Seller's liability regarding its vicarious agents and legal representatives.

 9) Redemption of Campaign Vouchers

9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity, e.g. in the context of promotional activities, and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated period.

9.2 Individual items may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

9.3 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

9.4 Only one campaign voucher can be redeemed per order.

9.5 The good’s value should at least be equal to the amount of the campaign voucher. The Seller will not refund any remaining credit.

9.6 If the value of the campaign voucher does not cover the full order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.

9.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

9.8 The campaign voucher will not be redeemed if the Customer, in the context of his/her legal right of revocation, returns goods paid in full or partially by a campaign voucher.

9.9 Campaign vouchers are only intended for use by the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obligated to check the entitlement of the respective voucher owner.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his/her habitual residence.

11) Place of Jurisdiction

If the Customer is an entrepreneur, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be assigned to the Customer’s professional or commercial activities. In any event, however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Customer’s place of business is located.

12) Alternative Dispute Resolution

12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

12.2 The Seller is neither obligated nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.