Terms and Conditions

General Terms and Conditions (GTC) with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Customer Specifications
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Stern Performance Parts UG (haftungsbeschränkt), Lentföhrdener Straße 27, 24640 Schmalfeld, represented by the managing director Kevin Pazukow (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller concerning the goods displayed by the Seller in his online shop under the domain sternperformance.de. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise expressly agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form (Shopify checkout) integrated in the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process ("Buy now" or "Place order with obligation to pay"). Furthermore, the Customer can also submit the offer to the Seller by telephone or e-mail.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the submission of his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method "Shopify Payments" (credit or debit card as well as the wallets offered in the checkout such as Apple Pay or Google Pay) is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Dublin 2, Ireland, on behalf of Shopify International Payments Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, Ireland. If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. If the Customer pays using one of the aforementioned payment methods selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail) after the submission of his order. The contract text will not be made accessible by the Seller beyond this. If the Customer has set up a customer account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected or link-protected customer account.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by him with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's separate cancellation policy.

3.2 According to Section 312g (2) No. 1 BGB, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Insofar as the Seller offers goods that are manufactured only according to individual customer specifications (custom-made products), the right of withdrawal for these goods is excluded. Whether and for which individual products the exclusion applies is stated in the respective product description; the Seller labels custom-made products accordingly before the conclusion of the contract. For all other goods (stock goods), consumers have the statutory right of withdrawal described in the cancellation policy without restriction.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description or at the latest during the ordering process.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The Customer has the payment methods offered in the Seller's online shop during the ordering process at his disposal. These are:

• Credit or debit card (Visa, Mastercard, American Express) via Shopify Payments
• Apple Pay
• Google Pay
• PayPal
• Klarna (instant bank transfer, installment purchase, invoice purchase)
• Prepayment by SEPA bank transfer

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date. The Customer will receive the bank details with the order confirmation. If payment is not received by the Seller within seven calendar days, the Seller is entitled to withdraw from the contract.

4.5 If a payment method offered via Shopify Payments or PayPal is selected, payment processing is carried out via the respective payment service provider, who may also use the services of third-party payment service providers for this purpose. The applicable terms of use and data protection conditions of the payment service provider can be viewed on their website. In addition to these GTC, the general terms and conditions and the data protection notices of the payment service provider apply to payment processing.

4.6 If a payment method offered via the payment service Klarna is selected, payment processing is carried out via Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"), and the terms of use of Klarna, which can be viewed at https://www.klarna.com/de/agb/, apply in addition. If the Seller offers payment methods via Klarna for which he advances payment to the Customer (invoice purchase, installment payment), he assigns his payment claim to Klarna. Before accepting the Seller's assignment declaration, Klarna performs a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount to Klarna within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to Klarna with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

5) Delivery and Shipping Conditions

5.1 The goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 Shipping is carried out by DHL Paket GmbH. The estimated delivery time is stated in the respective product description or in the ordering process. For custom-made products, the delivery time begins after the goods have been completed.

5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs for shipping if the Customer effectively exercises his right of withdrawal. For the return costs, the provision made in the Seller's cancellation policy applies in the event of effective exercise of the right of withdrawal by the Customer.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the shipper, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer when the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer even for consumers as soon as the Seller has handed over the item to the shipper, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the shipper, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller had not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.6 Self-collection of the goods is not possible for logistical reasons, unless otherwise expressly agreed.

6) Retention of Title

If the Seller makes an advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defects is one year from the delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and reductions of deadlines do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 HGB, he is subject to the commercial duty to examine and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. Failure by the Customer to do so has no effect on his statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller also owes the processing of the goods according to specific customer specifications in addition to the delivery of the goods, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant him the necessary rights of use for this. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he ensures that no third-party rights are violated, especially copyrights, trademark rights and personal rights.

8.2 The Customer indemnifies the Seller from claims of third parties that they may assert against him in connection with an infringement of their rights by the Seller's contractual use of the Customer's content. The Customer also bears the necessary costs of legal defence, including all court and lawyer's fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or good morals. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or violence-glorifying content.

9) Applicable Law

9.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

10) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's business headquarters. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's business headquarters is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to appeal to the court at the customer's registered office.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 23.04.2026