Terms of Service
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Boris Herrmann Racing GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent. We will accept your offer within two days by issuing a declaration of acceptance in a separate e-mail or, if applicable, the payment transaction will be carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment"). The relevant alternative for you depends on which of the events listed occurs first.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: English
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login
4. Terms of delivery
A. Shipping costs
Shipping costs may apply in addition to the prices quoted. You can find out more about any shipping costs in the offers.
B. Delivery options
We ship the products to the delivery address specified in the order process.
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself
5. Payment
The following payment methods are available in our shop.
A. Credit Card
Enter your credit card details during the order process. Your card will be debited immediately after placing the order.
B. PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
6. Warranty and guarantees
A. Liability for defect
The statutory liability for defects shall apply.
B. Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: info@borisherrmannracing.co
7. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
8. Data processing for order processing
Insofar as necessary for contract processing for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, e-mail address) provided by you when ordering in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally prescribed period within the scope of our statutory information obligations pursuant to Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifying you of updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the fulfilment of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
A. Transfer of personal data to shipping service providers
- German Post
We use the following provider as our transport service provider: Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany
We will pass on your e-mail address and/or telephone number to the provider in accordance with Art. 6 para. 1 lit. a GDPR before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the provider for the purpose of delivery in accordance with Art. 6 para. 1 lit. b GDPR. The information will only be passed on if this is necessary for the delivery of goods. In this case, prior coordination of the delivery date with the provider or notification of delivery is not possible.
Consent can be withdrawn at any time with effect for the future from the controller named above or from the provider.
- DHL
We use the following provider as our transport service provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany
We will pass on your e-mail address and/or telephone number to the provider in accordance with Art. 6 para. 1 lit. a GDPR before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the provider for the purpose of delivery in accordance with Art. 6 para. 1 lit. b GDPR. The information will only be passed on if this is necessary for the delivery of goods. In this case, prior coordination of the delivery date with the provider or notification of delivery is not possible.
Consent can be withdrawn at any time with effect for the future from the controller named above or from the provider.
- DHL Express
We use the following provider as our transport service provider: DHL Express Germany GmbH, Heinrich-Brüning-Str. 5, 53113 Bonn, Germany
We will pass on your e-mail address and/or telephone number to the provider in accordance with Art. 6 para. 1 lit. a GDPR before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the provider for the purpose of delivery in accordance with Art. 6 para. 1 lit. b GDPR. The information will only be passed on if this is necessary for the delivery of goods. In this case, prior coordination of the delivery date with the provider or notification of delivery is not possible.
Consent can be withdrawn at any time with effect for the future from the controller named above or from the provider.
B. Use of payment service providers (payment services)
- Amazon Pay
One or more online payment methods of the following provider are available on this website: Amazon Payments Europe s.c.a., 38 avenue J.F. Kennedy, L-1855 Luxembourg
If you select a payment method of the provider for which you make an advance payment (such as credit card payment), the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
- Apple Pay
If you choose the "Apple Pay" payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment will be processed via the "Apple Pay" function of your iOS, watchOS or macOS device by charging a payment card deposited with "Apple Pay". Apple Pay uses security functions that are integrated into the hardware and software of your device to protect your transactions. To authorise a payment, you therefore need to enter a code that you have previously defined and verify it using the Face ID or Touch ID function on your device.
For the purpose of payment processing, the information you provide during the order process, together with information about your order, will be forwarded to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to process the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm the success of the payment.
If personal data is processed during the described transfers, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.
Apple retains anonymised transaction data, including the approximate purchase amount, the approximate date and time and whether the transaction was successfully completed. This anonymisation completely excludes any personal reference. Apple uses the anonymised data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on your iPhone or Apple Watch to complete a purchase made via Safari on your Mac, the Mac and the authorisation device communicate via an encrypted channel on Apple's servers. Apple does not process or store any of this information in a format that can be used to identify you personally. You can disable the ability to use Apple Pay on your Mac in your iPhone settings. Go to "Wallet & Apple Pay" and deactivate "Allow payments on Mac".
You can find further information on data protection with Apple Pay at the following Internet address: https://support.apple.com/de-de/HT203027
- Google Pay
If you choose the "Google Pay" payment method from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), payment will be processed via the "Google Pay" application on your mobile device running at least Android 4.4 ("KitKat") and equipped with an NFC function by charging a payment card stored with Google Pay or a payment system verified there (e.g. PayPal). To authorise a payment via Google Pay of more than €25, your mobile device must first be unlocked using the verification measure set up in each case (e.g. facial recognition, password, fingerprint or pattern).
For the purpose of payment processing, the information you provide during the order process, along with information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a unique transaction number to the source website, which is used to verify that a payment has been made. This transaction number does not contain any information about the real payment data of your means of payment stored with Google Pay, but is created and transmitted as a uniquely valid numerical token. For all transactions via Google Pay, Google only acts as an intermediary for processing the payment process. The transaction is carried out exclusively in the relationship between the user and the source website by debiting the means of payment stored with Google Pay.
If personal data is processed during the described transfers, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.
Google reserves the right to collect, store and analyse certain transaction-specific information for each transaction made via Google Pay. This includes the date, time and amount of the transaction, merchant location and description, a description of the goods or services purchased provided by the merchant, photos that you have attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction.
According to Google, this processing is carried out exclusively in accordance with Art. 6 para. 1 lit. f GDPR on the basis of the legitimate interest in proper accounting, the verification of transaction data and the optimisation and functional maintenance of the Google Pay service.
Google also reserves the right to merge the processed transaction data with other information that is collected and stored by Google when other Google services are used.
The Google Pay terms of use can be found here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de Further information on data protection at Google Pay can be found at the following Internet address: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de
- Klarna
One or more online payment methods from the following provider are available on this website: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden
If you select a payment method of the provider for which you make an advance payment (such as credit card payment), the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
If you select a payment method for which the provider makes an advance payment (such as invoice or instalment purchase or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, e-mail address, telephone number, possibly data on an alternative means of payment) during the order process.
In order to safeguard our legitimate interest in determining the solvency of our customers, this data is forwarded by us to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. On the basis of the personal data provided by you and other data (such as shopping basket, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or bad debt risks.
In addition to internal provider criteria pursuant to Art. 6 para. 1 lit. f GDPR, identity and creditworthiness information from the following credit agencies may also be included in the decision as part of the application review:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be authorised to process your personal data if this is necessary to process payments in accordance with the contract.
- Paypal
One or more online payment methods of the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method of the provider for which you make advance payment, the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
If you select a payment method for which we make advance payments, you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, e-mail address, telephone number, and, if applicable, data on an alternative means of payment) during the order process.
In order to safeguard our legitimate interest in determining your solvency in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. Based on the personal data provided by you and other data (such as shopping basket, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or bad debt risks.
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be authorised to process your personal data if this is necessary to process payments in accordance with the contract.
- Paypal Checkout
This website uses PayPal Checkout, an online payment system from PayPal, which is made up of PayPal's own payment methods and local payment methods from third-party providers.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "Pay later" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "Pay later" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be authorised to process your personal data if this is necessary for contractual payment processing.
If you select the PayPal payment method "purchase on account", your payment data will first be transmitted to PayPal to prepare the payment, whereupon PayPal will forward it to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay") to process the payment. The legal basis in each case is Art. 6 para. 1 lit. b GDPR. In this case, RatePay carries out an identity and credit check in its own name to determine solvency in accordance with the principle already mentioned above and passes on your payment data to credit agencies on the basis of the legitimate interest in determining solvency in accordance with Art. 6 para. 1 lit. f GDPR. A list of the credit agencies that Ratepay can use can be found here:
https://www.ratepay.com/legal-payment-creditagencies/
If you use the payment method of a local third-party provider, your payment data will first be forwarded to PayPal to prepare the payment in accordance with Art. 6 para. 1 lit. b GDPR. Depending on your selection of an available local payment method, PayPal will then transmit your payment data to the relevant provider to process the payment in accordance with Art. 6 para. 1 lit. b GDPR:
- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
- iDeal (Currence Holding BV, Beethovenstraat 300 Amsterdam, Netherlands)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)
- bancontact (Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium)
- blik (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland)
- eps (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2 1200 Vienna, Austria)
- MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France)
- Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)
For further information on data protection, please refer to PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Shopify Payments
One or more online payment methods are available on this website from the following provider: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
If you select a payment method of the provider for which you make an advance payment (such as credit card payment), the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
- Stripe
One or more online payment methods are available on this website from the following provider: Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
If you select a payment method of the provider for which you make an advance payment (such as credit card payment), the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
If you select a payment method for which the provider makes an advance payment (such as invoice or instalment purchase or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, e-mail address, telephone number, possibly data on an alternative means of payment) during the order process.
In order to safeguard our legitimate interest in determining the solvency of our customers, this data is forwarded by us to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. On the basis of the personal data provided by you and other data (such as shopping basket, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or bad debt risks.
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be authorised to process your personal data if this is necessary to process payments in accordance with the contract.
