Terms and Conditions
Our terms and conditions become binding upon submission of your order.
§ 1 Scope
These terms and conditions apply exclusively to the business relationship between Acceleration Hub GmbH and the purchaser in the version valid at the time of the order. Acceleration Hub GmbH does not recognize any differing conditions of the purchaser unless Acceleration Hub GmbH has explicitly agreed to their validity in writing.
§ 2 Conclusion of the Contract
Your order constitutes an offer to us to conclude a purchase contract. When you place an order with Acceleration Hub GmbH, we will send you an email confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer but is meant to inform you that your order has been received. A purchase contract (invoice) only comes into effect when you confirm this email with the listed products and shipping costs, and we dispatch the ordered product to you, confirming the dispatch with a second email (shipping confirmation). No purchase contract is concluded for products from the same order that are not listed in the shipping confirmation. Acceleration Hub GmbH does not offer products for purchase by minors. Even our children’s products can only be purchased by adults.
§ 3 Right of Withdrawal up to 7 Days, Exclusion of Withdrawal
Customers who are consumers under the Consumer Protection Act can withdraw from a distance contract (or a contract declaration made in distance selling) within a period of seven working days. The withdrawal period begins upon receipt of the ordered goods, with Saturdays not counted as working days. It is sufficient if the withdrawal declaration is sent within the period without stating reasons, Saturdays are not counted as working days. In the event of withdrawal, a full or partial refund of the purchase price will only be made concurrently with the return of the goods received from the purchaser. The cost of return shipping is borne by the customer. The goods should be returned in an unused and resalable condition as new, in the original packaging. For items that are affected by signs of use or whose packaging is damaged, we will charge an appropriate fee for the depreciation. The same applies if accessories or parts are missing when the goods are returned. Vehicles are excluded from the right of withdrawal.
§ 4 Delivery
Unless otherwise agreed, delivery is made from Acceleration Hub GmbH’s warehouse to the delivery address provided by the purchaser. Delivery period information is non-binding unless the delivery date has been exceptionally guaranteed as binding.
If Acceleration Hub GmbH is unable to deliver the ordered goods through no fault of its own because Acceleration Hub GmbH’s supplier does not fulfill its contractual obligations, Acceleration Hub GmbH is entitled to withdraw from the contract. In this case, the purchaser will be informed immediately that the ordered product is not available. The purchaser’s statutory rights remain unaffected.
If delivery to the purchaser is not possible because the delivered goods do not fit through the purchaser’s entrance door, house door, or staircase or because the purchaser cannot be found at the address provided, even though the delivery time was announced to the purchaser with reasonable notice, the purchaser bears the costs of the unsuccessful delivery.
Our sales prices, offers, and invoices are in Euros. Our internet offers are non-binding and subject to change. All prices are gross prices including the statutory VAT of currently 20%. Shipping costs, unless specifically regulated in the offer, are borne by the consumer.
Shipments to us by cash on delivery will not be accepted.
§ 5 Due date and payment
The customer must pay the purchase price in advance (bank or PayPal) or on collection. The bank details will be provided in the confirmation email. In the case of collection by the customer, an appointment must be made by telephone or e-mail.
§ 6 Retention of Title
The delivered goods remain the property of Acceleration Hub GmbH until full payment has been made.
§ 7 Liability for Defects
If there is a defect in the purchased item, the statutory provisions apply. The assignment of these claims by the purchaser is excluded.
Unless otherwise stated below, further claims by the purchaser, regardless of the legal grounds, are excluded. Acceleration Hub GmbH is therefore not liable for damages that did not occur on the delivery item itself; in particular, Acceleration Hub GmbH is not liable for lost profits or other financial losses of the purchaser. If Acceleration Hub GmbH’s contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury. It also does not apply if the purchaser asserts legally regulated claims.
If Acceleration Hub GmbH negligently violates an essential contractual obligation, the liability for property damage is limited to the typical damage that usually occurs.
If subsequent performance is effected by way of a replacement delivery, the purchaser is obligated to return the first delivered goods to Acceleration Hub GmbH at Acceleration Hub GmbH’s expense within 30 days. The return of the defective goods must be in accordance with statutory regulations. Acceleration Hub GmbH reserves the right to claim damages under the statutory provisions.
The limitation period is twenty-four months, calculated from delivery.
§ 8 Warranty, Guarantee, Liability
The vehicles are fun and racing sports items that are not approved for public road traffic and may only be operated on suitable tracks. Fun and racing sports items are generally sold by us as kits with the associated legal provisions, so there is no guarantee for these items.
The bikes are in the original box and are 80-90% pre-assembled as we receive them from the manufacturer. All our vehicles are CE classified and bear the CE mark.
Even if the bikes are largely pre-assembled, they may only be put into operation if they are properly assembled and checked, or if their functionality has been ensured by a specialist workshop. We offer optional assembly for this service (please inquire about the costs by email). If self-assembled, any warranty claim is void. The operating instructions and safety notices must be observed and followed. The functionality of the bikes must be checked and ensured before each use. We are not liable for accidents or other events arising from the operation of the bikes, nor do we accept any liability for the use and proper installation of spare parts. Therefore, no compensation claims can be recognized. Do not buy a bike or spare parts if you do not accept these conditions or are unable to operate the bike properly.
§ 9 Product Liability
In the case of legally required faultless liability, especially for personal injuries (injury to life, body, health) according to the Product Liability Act, we or our upstream supplier (importer), whom we name in the event of product liability, are liable without limitation. For other breaches of duty, we are only liable for intent and gross negligence. This limitation also applies to our agents, employees, and legal representatives. If an obligation is violated, compliance with which is of particular importance for the achievement of the contract’s purpose (cardinal obligation), we are also liable for slight negligence.
§ 10 Errors, Mistakes, Availability, and Changes
Errors, mistakes, and insignificant changes compared to the illustrations and information are reserved. Due to technical progress, color and design, as well as properties, may differ from the offer representation.
§ 11 Collection, Processing, and Use of Personal Information of Our Customers
We use information that we receive from you to process orders, deliver goods, and process payments (including necessary checks in the case of purchase on account). We also use your information to communicate with you about orders, products, services, and marketing offers, and to recommend products or services that might interest you.
Your data will only be used by us for our own purposes and will not be made available to third parties or companies.
§ 12 Applicable Law
Austrian law applies.
The customer confirms that they fully understand and accept the Acceleration Hub GmbH terms and conditions by placing their order.
The customer confirms that they fully understand and accept the Acceleration Hub GmbH terms and conditions by placing their order.
