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General Terms and Conditions (GTC)

The following General Terms and Conditions (GTC) govern the sale of products by Independent Industries AB, Kärrabo 1, 51461 Dalstorp, Sweden, Phone: +46728714741, Email: info@independent-racing.com , hereinafter referred to as the “Provider,” via the online store at www.independent-racing.com .

§ 1 Scope of Application

(1) These GTC apply to all contracts concluded between the Provider and both private customers (as per Section 13 of the German Civil Code, BGB) and business customers (as per Section 14 of the German Civil Code, BGB) through the online store at www.independent-racing.com .
(2) Any differing terms and conditions from the customer will not apply unless expressly agreed to in writing by the Provider.
(3) The range of products offered includes motorcycle decals, motorcycle plastic parts, wheel stickers, sticker sets, gloves, clothing, caps, and motorcycle tank mats.
(4) This list is not exhaustive. Customers can find the latest products on www.independent-racing.com.

§ 2 Conclusion of Contract

(1) The contract is concluded with the Provider: Independent Industries AB, Kärrabo 1, 51461 Dalstorp, Sweden.
(2) The contract and negotiation language is German and English.
(3) The offers are directed at customers worldwide.
(4) The customer must be at least 18 years old.
(5) The presentation of the products in the online store does not constitute a legally binding offer, but rather an invitation to the customer to submit an order. The customer makes a binding offer by completing the ordering process and clicking the “Order Now with Obligation to Pay” button at the end. Upon receipt of the order, the customer receives an automatic confirmation email acknowledging receipt of the order, but this does not constitute acceptance of the contract. The purchase contract is only concluded upon successful payment receipt and is fulfilled upon dispatch of the goods.
(6) Order details are stored after the conclusion of the contract and can be viewed in the customer’s login area.
(7) The customer agrees to receive invoices electronically only. Electronic invoices will be provided by email or in the customer account.
(8) If sponsor logos from protected brands are included at the customer’s request, the customer must provide proof of usage rights upon request.

§ 3 Right of Withdrawal

(1) Instructions on the Right of Withdrawal for Private Customers: Customers have the right to withdraw from this contract within fourteen days without providing reasons.
The withdrawal period is fourteen days from the day on which the customer or a third party named by them, who is not the carrier, takes possession of the final item. To exercise the right of withdrawal, the customer must inform the Provider, Independent Industries AB, Kärrabo 1, 51461 Dalstorp, Sweden, via a clear statement (e.g., a letter sent by mail or an email) of their decision to withdraw from the contract.
The customer may use the attached model withdrawal form, but it is not mandatory.
Sending the withdrawal notice before the expiration of the withdrawal period suffices to meet the deadline.
(2) Effects of Withdrawal: If the customer withdraws from the contract, the Provider must reimburse all payments received from the customer, including delivery costs (except for additional costs arising if the customer has chosen a delivery method other than the lowest-priced standard delivery offered by the Provider), promptly and no later than fourteen days from the day the withdrawal notice is received. This refund will be made using the same payment method initially used by the customer, unless expressly agreed otherwise. No fees will be charged for this refund. The Provider may withhold the refund until the goods have been returned or the customer has provided evidence that they have sent back the goods, whichever is earlier.
The customer must return the goods without delay and no later than fourteen days from the day they notify the Provider of the withdrawal. The customer is responsible for the direct costs of returning the goods. The customer is liable for any diminished value of the goods only if this loss in value results from handling them beyond what is necessary to establish their nature, characteristics, and functioning.

Model Withdrawal Form
Should the customer wish to withdraw from the contract, they may fill out and return this form to:

To:
Independent Industries AB, Kärrabo 1, 51461 Dalstorp, Sweden

Hereby, I/we revoke the contract concluded by me/us regarding the purchase of following goods/services:

_________________________________________________________________________________________________________________________________________________________
(Please provide an accurate description of the goods or services)

Ordered on: ________________
Received on: _______________

Name of consumer(s): __________________________________________

Address of consumer(s): ________________________________________________________________________________________________________________

Date:_____________________

Signature of consumer(s) (only if submitted in paper form): ________________________________________________________

Here the form can be downloaded as a PDF.

(3) Right of Withdrawal for Business Customers Business customers (within the meaning of § 14 BGB) do not have a statutory right of withdrawal. Contracts with business customers are binding and can only be canceled in accordance with legal requirements or the agreed contractual conditions.

§ 4 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer’s personal needs.

§ 5 Prices and Shipping Costs

(1) All stated prices include statutory VAT.
(2) The stated prices are exclusive of shipping costs unless otherwise specified.
(3) Shipping costs depend on the destination country and are borne by the customer. Exact shipping costs can be found in the shipping information.
(4) If a product is mistakenly marked with an incorrect price in the online shop, the Provider will inform the customer before dispatch and ask whether they wish to purchase the product at the correct price or cancel the order. If the actual price of a product is lower than indicated, the Provider will charge the lower amount and ship the product.
(5) The prices at the time of the order apply. If list prices are available, they apply as of the time of the order.
(6) For extensive changes, the Provider reserves the right to add a change surcharge to the purchase price in consultation with the customer.

§ 6 Customs

(1) For orders delivered outside the European Union, import duties and taxes may be incurred, which are levied once the package reaches its destination. These additional fees must be borne by the customer, as the Provider has no control over these charges. Since customs regulations vary from country to country, the customer should contact their local customs office for further information.
(2) For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products.
The Provider points out that cross-border deliveries may be subject to opening and inspection by customs authorities.

§ 7 Payment Terms

(1) Payment of the Purchase Price: Payment for the purchase price is due at the conclusion of the contract. The customer may pay using the payment methods specified in the online shop.
(2) Prepayment: The total invoice amount must be transferred to the specified account within 14 calendar days after the order is placed. Shipping occurs upon receipt of payment.
(3) PayPal: After completing the order, the customer will be directed to PayPal, where they can complete the payment. Shipping occurs once payment confirmation is received.
(4) Credit Card: The customer enters their credit card details during the ordering process. The charge is processed upon dispatch of the goods.
(5) Klarna: The customer may pay via Klarna invoice or installment payment. Klarna’s terms and conditions apply.
(6) Gift Card: The customer may pay the invoice amount with a valid gift card from the provider. Shipping occurs upon payment confirmation.
(7) Apple Pay: The customer provides their Apple Pay details during the ordering process and confirms payment via Apple Pay. The charge is processed upon dispatch of the goods.
(8) Google Pay: The customer provides their Google Pay details during the ordering process and confirms payment via Google Pay. The charge is processed upon dispatch of the goods.
(9) Invoice Issuance: The invoice is sent by email or, if no email address is available, by post to the specified billing address upon dispatch of the goods.
10) Late Payment and Returned Direct Debits: In the event of late payment or a returned direct debit, the provider is entitled to claim damages for late payment (e.g., reminder fees, interest on arrears, returned direct debit fees).
(11) Prohibited Payment Methods: Payment via cash or check is not accepted.
(10) Late Payment and Returned Direct Debits: In the event of late payment or a returned direct debit, the provider is entitled to claim damages for late payment (e.g., reminder fees, interest on arrears, returned direct debit fees).
(11) Prohibited Payment Methods: Payment via cash or check is not accepted.

§ 8 Retention of Title

The Provider retains ownership of the delivered goods until the purchase price is paid in full.

§ 9 Delivery, Cancellation, and Shipping

(1) The delivery time depends on the respective products. For a decal, unless otherwise specified in the offer, the expected delivery time is approximately 7 working days. The provider will make every effort to meet the specified delivery times. If delivery times cannot be met, the customer will be informed without delay. Further delivery times can be found on the provider’s website. (2) Unless otherwise agreed, delivery will be made to the delivery address provided by the customer within Germany. Information on the availability of products can be found on the provider’s website. All information regarding availability, shipping, or delivery times is non-binding unless expressly stated as binding.
(3) If the ordered products are found to be unavailable during the processing of the order, the customer will be informed without delay by email or message in the customer account. The customer’s statutory rights remain unaffected.
(4) Delivery is based on the customer’s chosen payment method. For prepayment, delivery takes place after payment is received. For all other payment methods, delivery takes place upon the conclusion of the contract.
(5) Orders can be canceled free of charge as long as production has not yet started or the goods have not yet been shipped. Once production of a customized product has started, cancellation is no longer possible. If changes or cancellations are requested, please contact us immediately to discuss possible options.
(6) Partial deliveries are permissible as long as they are reasonable for the customer. Additional shipping costs only arise with express agreement.
(7) If delivery of the goods fails due to the customer’s fault, the provider reserves the right to withdraw from the contract. Payments already made will be refunded to the customer without delay.
(8) If delivery of the ordered products is delayed or rendered impossible due to force majeure or other unforeseeable, exceptional, and unavoidable circumstances, such as natural disasters, war, strikes, or official measures, delivery times will be extended accordingly. The provider will promptly inform the customer about the unavailability. In such cases, the provider is entitled to withdraw from the contract. The customer will be informed of the withdrawal, and any payments already made will be refunded.
(9) The provider is not liable for delivery delays caused by circumstances beyond its control (force majeure). The customer will be informed in such cases.
(10) Delivery delays caused by external factors, such as customs clearance or shipping carriers beyond the provider’s control, are not included in the specified delivery times. The customer will be informed in such cases.
(11) The provider ships goods using a carrier of its choice.

§ 10 Transport Damages

(1) Should you receive goods with obvious transport damage, please report such defects immediately to the delivery agent and contact us without delay.
(2) Failure to report or contact us does not affect your statutory warranty rights. However, doing so assists us in asserting our claims against the carrier or transport insurance.

§ 11 Warranty

(1) Warranty for Consumers
a) The provider guarantees that the purchased item is free from defects upon delivery. If a material defect appears within two months of delivery, it is presumed that the defect already existed at the time of delivery unless this presumption is incompatible with the nature of the item or the defect. If the defect appears after this two-month period, the buyer must prove that the defect existed at the time of delivery.
b) If the item is defective at the time of delivery, the defect will be remedied by replacement or repair. The provider may choose whether to rectify the defect by correction or replacement.
(2) Warranty for Business Customers If the customer is not a consumer, defects will be remedied by replacement or repair. The provider may choose whether to rectify the defect by correction or replacement. For business customers, the limitation period for warranty claims is one year. This restriction does not apply to claims for damages arising from injury to life, body, or health, or in cases of intentional or gross negligence.
(3) Claims by the buyer due to defects expire within one year.
(4) If the provider supplies a replacement item as part of defect rectification, the provider may request the return of the defective item from the buyer.
(5) Damages caused by improper or non-contractual actions by the buyer during installation, connection, operation, or storage do not constitute claims against the provider.

§ 12 Liability

(1) Customer claims for damages are excluded unless otherwise specified below.
(2) Excluded from the limitation in Section 1 are claims for damages resulting from injury to life, body, or health, as well as claims for damages from the breach of essential contractual obligations.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 13 Data Protection

(1) The collection and processing of personal data are carried out in accordance with applicable data protection laws. The provider is committed to treating customer data confidentially and not disclosing it to third parties, unless the customer has expressly consented or there is a legal obligation.
(2) The customer has the right to receive information about their stored data at any time and at no cost, as well as to request its correction, deletion, or restriction of processing.
(3) Further information on data protection can be found in the provider’s privacy policy.

§ 14 User Account

(1) The customer must provide complete and accurate information when registering and creating a user account. The customer must keep their access data (username and password) secure and protect it from third-party access. The provider is not liable for damages resulting from misuse of access data unless the provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may result in account suspension or deletion.
(2) The customer is obliged to promptly update changes to their personal data, especially contact and payment details, in the user account. The customer is responsible for all activities conducted under their user account unless they cannot be held responsible for misuse of the account.
(3) The provider reserves the right to suspend or delete the user account if there are indications of misuse, the customer violates these terms and conditions, or the customer provided inaccurate information during registration. The customer may request deletion of their user account at any time. The provider will promptly delete the user account and all associated data, provided there are no statutory retention obligations. After the user account is deleted, the customer may only create a new user account through re-registration.
(4) The provider strives to ensure high availability of the user account. Temporary limitations or interruptions due to technical maintenance or unforeseeable events (e.g., force majeure) cannot be ruled out. The provider is not liable for damages caused by temporary unavailability of the user account unless the provider is responsible for the unavailability.
(5) The provider reserves the right to change, expand, or limit the features and content of the user account at any time. Changes to this clause will be communicated to the customer at least four weeks before they take effect by email. If the customer does not object to the changes within four weeks of receiving the change notification, the changes are considered accepted. The provider will explicitly inform the customer of this legal consequence in the change notification.

§ 15 Protection of Designs and Copyrights

(1) All designs, graphics, logos, fonts, and other design elements offered on the website www.independent-racing.com are the intellectual property of the provider and protected by applicable copyright law. Any unauthorized use, reproduction, or imitation of these designs, whether in part or in whole, is prohibited and constitutes an infringement of the provider’s copyright.
(2) Designs created and provided by the provider are exclusively for personal or business use by our customers within the scope of the services offered. Commercial use, distribution, or publication of the designs without the provider’s express written consent is strictly prohibited.
(3) The customer assures that any motifs, logos, or other design elements provided for product personalization are free from third-party rights. The provider is not liable for any infringement of copyrights, personal rights, or name rights arising from the use of such elements provided.
(4) The use of protected trademarks, logos, or other protected content of third parties in the products offered on our website is expressly prohibited. The customer bears full responsibility for the use of images, logos, or other content provided for product personalization and undertakes not to violate any third-party trademark, copyright, or other rights.
(5) The provider reserves the right to remove any designs or design elements that violate this clause without prior notice and to take legal action as necessary to protect its copyright.

§ 16 Online Dispute Resolution and Participation in Dispute Settlement Proceedings

The European Commission provides a platform for online dispute resolution (ODR) at https://www.ec.europa.eu/consumers/odr . The Provider is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board. However, the Provider always strives to resolve any disagreements arising from a contract amicably.

§ 17 Final provisions

(1) Should individual provisions of these T&C be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision that comes closest to the economic objective intended by the parties with the invalid or unenforceable provision shall apply.
(2) Amendments or additions to these T&C must be made in writing. This also applies to the waiver of this written form requirement.
(3)The Provider reserves the right to make changes to the website, rules, conditions, including these T&C, at any time. The terms and conditions applicable to your order are those in effect at the time of your order unless a change to these conditions is required by law or government order (in which case they will also apply to orders you previously placed).