General terms and conditions of business

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of JumpstartRC (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their 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 to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into 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 completes the ordering process.

2.3 Upon order confirmation, the purchaser is obliged to accept the goods listed in the order confirmation.

2.4 Orders must always be placed in writing (including by fax or email). If orders are placed verbally, any transmission errors and any misunderstandings shall be the responsibility of the customer.

2.5 If a written order confirmation is available, the scope and content of the order shall be determined from this.

2.6 JumpstartRC reserves ownership and copyright to all documents provided to business partners. They may not be made accessible to third parties without JumpstartRC's prior written consent.

2.7 If you have not received an order confirmation or notification of delivery or the goods within 7 working days, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

2.8 The contract text (order data and General Terms and Conditions) will be stored by the seller. However, this storage is only temporary and is not accessible to you. Therefore, please ensure that you print it out or save it separately.

If the customer has set up a user 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 user account by providing the corresponding login data.

2.9 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. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.10 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 It is agreed that in the event of exercising the right of withdrawal applicable to consumers in the case of distance selling contracts, the consumer shall bear the regular costs of return in accordance with Section 357 Paragraph 2 of the German Civil Code (BGB) if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the consumer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory VAT.

4.2 Shipping costs are not included in the purchase price. They will be shown separately during the ordering process and are to be borne by the customer.

4.3 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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.

4.4 The payment option(s) will be communicated to the customer in the seller’s online shop (payment and shipping conditions).

5) Delivery and shipping conditions

5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the Seller's order processing is decisive for the processing of the transaction.

5.2 If 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 shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipment shall only pass to the customer upon handover of the goods to the customer, regardless of whether the shipment is insured or uninsured.

5.4 If the customer is an entrepreneur, delivery and dispatch shall be at the customer’s risk.

5.3 Self-collection is possible for customers from Germany.

5.4 Vouchers are provided to the customer as follows:

- by email

5.5 Further shipping conditions will be communicated to the customer in the seller’s online shop (payment and shipping conditions).

6) Retention of title

6.1 If the Seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

6.2 If you are an entrepreneur, the following additionally applies:

The seller retains title to the goods until all claims arising from the current business relationship have been fully settled. Prior to transfer of title to the reserved goods, pledging or transferring ownership as security is not permitted.

You may resell the goods in the ordinary course of business.

In this case, you hereby assign all claims arising from the resale in the amount of the invoice amount to the seller who accepts the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, the seller reserves the right to collect the claim itself.

If the reserved goods are combined or mixed, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

The Seller undertakes to release the securities to which it is entitled at your request to the extent that the realizable value of the Seller's securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at the Seller's discretion.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory liability for defects shall apply.

7.2 The following applies to used goods: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period.

7.3 Complaints regarding defects and the quality of the delivered goods will only be considered if they are made in writing and accompanied by supporting documents within eight days of receipt of the goods, or in the case of hidden defects after their discovery, but no later than six months after receipt of the goods.

7.4 For insurance reasons, JumpstartRC shall only be liable for damages in the USA and Canada if the delivery of the goods to these countries was made with the express permission of JumpstartRC.

7.5 The statutory warranty obligation is limited, at our discretion, to repair or replacement. If the repair/replacement fails, the purchaser is entitled, at his discretion, to demand cancellation of the contract or a corresponding reduction of the purchase price.

7.6 Claims for damages by the customer are excluded unless they are based on a grossly negligent or intentional breach of duty by the seller. The above limitations of liability do not apply to claims under the Product Liability Act or claims for damages for personal injury.

7.7 The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the operator with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the operator, and grant the operator the necessary rights of use. 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, the customer ensures that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

8.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or is morally unconstitutional. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.

9) Special conditions for repair services

If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:

9.1 Repair services shall be provided at the Seller’s registered office.

9.2 The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

9.3 The Customer must provide the Seller with all information necessary for the repair of the item, unless the provision of such information falls within the Seller's scope of duties under the terms of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may have caused the identified defect.

9.4 Unless otherwise agreed, the Customer must ship the item to be repaired to the Seller's headquarters at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. The Seller will immediately inform the Customer of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.

9.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.

9.6 The above provisions do not limit the Customer’s statutory rights in the event of a purchase of goods from the Seller.

10) Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded unless the provider consents in writing. The provider is only obligated to consent if the customer demonstrates a legitimate interest in the assignment or pledging.

11) Offsetting

The customer only has a right of set-off if the claim submitted for set-off has been legally established or is undisputed.

12) Redemption of promotional vouchers

12.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

12.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4 Only one promotional voucher can be redeemed per order.

12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

12.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

12.7 The balance of a promotional voucher will not be paid out in cash or bear interest.

12.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

12.9 The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the seller.

13) Redemption of gift vouchers

13.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

13.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

13.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

13.4 Multiple gift vouchers can be redeemed in one order.

13.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

13.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

13.7 The balance of a gift voucher will not be paid out in cash or bear interest.

13.8 The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.

14) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

15) 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 Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled in any case to bring proceedings before the court at the customer's place of business.

16) Alternative dispute resolution

16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

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

17) Severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

JumpstartRC

Thilo Tödtmann

Eschstraße 2b

49492 Westerkappeln

Phone: +49 151 145 00660

Email: info@jumpstartrc.com

Internet: www.jumpstartrc.com

General Terms and Conditions of JumpstartRC (as of February 27, 2021)

Technical changes and printing errors reserved.