TERMS AND CONDITIONS OF THE WEBSITE
§ 1. GENERAL PROVISIONS
1. These Terms and Conditions of the Website https://jp-motorsport.com/, set out the rules and terms of using the Website and the type and scope of services provided electronically through the Website by the Service Provider, namely JP Motorsport Management GmbH with its registered office in 41812 Erkelenz, Gewerbestraße Süd 50, reg. HRB 21384.
2. The Service Provider may be contacted via e-mail to: office@jp-motorsport.com.
3. These Terms and Conditions also specify the general terms, rules and manner of entering into a sales agreement for the Products offered by the Seller, the terms of the Products’ collection or Delivery, as well as the rights and obligations of the Website Users, including persons purchasing vouchers.
4. The Terms and Conditions are made available to the Users on the Website, in an electronic form, in such a way as to enable the Users to store and reproduce the Terms and Conditions in the ordinary course of activities. The User using the Website Services declares that he or she has read, understood and agreed to all the terms contained herein. The acceptance hereof is tantamount to concluding an agreement with the Service Provider for the provision of electronic services involving maintenance of the User Account and other Services described herein.
§ 2. DEFINITIONS
1. Customer Racing – a service offered by the Service Provider, which gives the Customer the possibility to participate in a specialized course conducted by qualified drivers, during which the Customer will be prepared to participate in a professional race or racing series. Details on the Customer Racing service are each time agreed upon individually with the Customer in a reply to the inquiry sent by the Customer using the Contact Form;
2. Business Days – days from Monday till Friday excluding public holidays;
3. Delivery – a factual act involving delivery of the Product specified in the Order to the Customer by the Seller, through the Supplier;
4. Supplier – an entity with which the Seller cooperates in delivering the Products;
5. Registration Form – a form available on the Website, which allows the User to create a Customer Account;
6. Contact Form – an interactive form available on the Website, which allows the User to contact the Service Provider as well as to submit inquiries regarding the Customer Racing service;
7. Order Form – an interactive form available on the Website, which allows the User to place an Order, in particular through the selection of the Product and specification of the Delivery and payment methods;
8. Calendar of Events – dates, on which the Rides in vehicles belonging to the Contractor are organized;
9. Customer / Buyer – a natural person, legal person or an entity without legal personality, to which the law grants legal capacity, which entered into an agreement with the Seller. Within the meaning hereof, the Customer is also the Website User;
10. Customer Account – a set of resources and rights assigned to the Customer. As part of the Customer Account, data provided by the Customer and information about Orders placed by the Customer in the Store are collected;
11. Venue – a race track or another place where the Voucher can be redeemed, in accordance with the previously made booking. The cities listed on the Service Provider’s Website, where the racing tracks or other places where the Voucher can be redeemed are located, are indicative in nature. Not in every case, the place where the ordered Voucher is redeemed coincides with the administrative borders of a given city, to which the Customer agrees;
12. Voucher Bearer – a natural person in possession of the Voucher who is entitled to use it, under the terms specified herein;
13. Product – goods offered by the Seller in the Online Store;
14. Ride – a ride organized by the Contractor, during which the Voucher Bearer can redeem the Voucher by riding as a passenger in a vehicle belonging to the Contractor, and previously selected from the list of available vehicles presented on the Website. The Voucher Bearer may participate in the Ride after correctly booking the Date and Venue of the Voucher Redemption. The Voucher Redeemer may only be a person who has attained 18 years of age;
15. Voucher Redemption – the process of booking the Date and Venue of the Voucher Redemption from those listed in the Calendar of Events, accepting the Terms and Conditions and redeeming the Voucher by the Contractor, under the terms specified herein;
16. Terms and Conditions – this document setting out the rules and terms of using the Website and the rules and terms of using the Newsletter;
17. Online Store/Website – shall mean a web page run by the Service Provider at https://jp-motorsport.com/shop, which enables the use of the Services and the conclusion of the Sales Agreement;
18. Seller/Service Provider/Contractor – JP Motorsport Management GmbH with its registered office in 41812 Erkelenz, Gewerbestraße Süd 50, reg. HRB 21384;
19. Date – a date of the Voucher Redemption as per the previously made booking;
20. Sales Agreement – a sales agreement for the Product made between the Customer and the Seller through the Online Store;
21. Service or Services – a service provided electronically by the Service Provider to the User via the Website, including in particular such Services as: the User Account, Contact Form, Order Form, Newsletter, Customer Racing service, the service enabling the purchase of Vouchers;
22. User – a natural person, legal person or an entity without legal personality, to which the law grants legal capacity, using the services provided by the Service Provider in the Online Store;
23. Voucher – a document confirming the conclusion of the agreement and entitling the bearer to take part in the Ride on the selected race track on the date booked by the Customer on the terms set out in the Terms and Conditions of the Contractor being the organizer of the Ride.
§ 3. THE RULES OF USING THE ONLINE STORE AND THE CUSTOMER ACCOUNT REGISTRATION
1. Viewing the Products offered in the Online Store does not require registration.
2. The registration is not necessary to place an order with the Online Store. The Customer may, however, create the Customer Account, the lack of which does not affect the possibility of viewing the Products offered in the Online Store and the possibility of placing an order. In this case, the Customer orders as a “guest”.
3. The registration is made free of charge by correctly completing all the fields in the Registration Form and accepting the consents specified therein. When completing the Registration Form, the Customer has the opportunity to read and accept the Terms and Conditions.
4. The Online Store available at https://jp-motorsport.com/shop conducts business and online sales in the territory of European Union.
5. The Products and their prices presented in the Online Store https://jp-motorsport.com/shop do not constitute a binding offer in the legal sense, but only an invitation to submit offers.
§ 4. PRODUCT INFORMATION
1. The subject of the transaction are the Products available in the Online Store, in the quantities and prices indicated in the product description.
2. The description of each Product can be found under the Product tab.
3. The Products available in the Online Store are new, unless the product description provides otherwise.
4. All Products and names are used for identification purposes only and may be registered trademarks of their respective owners.
§ 5. ORDER PLACEMENT AND PROCESSING
1. The Customer may place orders with the Online Store 7 days a week, 24 hours a day.
2. Subject to clause 3 below, to place an order the Customer must:
1) select the Product being the subject of the order by clicking on the “add to cart” icon;
2) correctly complete the Order Form, which contains information on, specifically, the recipient’s data, the place and method of Delivery, as well as the form of payment.
3. The User may also place an order by contacting the store via e-mail, to shop@jp-motorsport.com. In the event the order is placed in the above manner, the Seller will confirm the order by sending an e-mail to the e-mail address provided by the User.
4. In order to place an order with the Online Store, the Customer who does not have the Customer Account shall be obliged to accept the consents specified in the Order Form.
5. After giving the information specified in the Order Form, the Customer confirms the order by clicking on the “I wish to place an order subject to payment” icon, and then proceeds to the payment stage. Upon clicking on the “I wish to place an order subject to payment” icon, the sales agreement between the Customer and the Seller is made.
6. The final (definitive) amount to be paid by the Customer includes the price of the Product and the cost of the Delivery (including charges for transport, delivery and postal services), on which the Customer is informed on the Online Store’s website, when placing the Order, and also when expressing their intent to be bound by the Sales Agreement by completing all the required fields of the Order Form and proceeding to the payment process.
7. The prices given in the Store are gross prices (inclusive of VAT). The price of the Product starts to bind the Buyer at the time of placing an order, i.e. upon clicking on the “I wish to place an order subject to payment” icon.
8. After an order is placed, the Seller sends an order confirmation to the e-mail address provided by the Customer. From the time the order is placed until the sales document / invoice is issued, the Buyer may cancel the order or change the data to be placed on the sales document, however, the final decision in this regard is always made by the Seller. To use the above option, the Customer must send an e-mail to shop@jp-motorsport.com and provide the data to be changed.
9. The sales document is issued for each Product purchased by the Buyer.
10. In the case of purchases made by business owners, in order to receive a VAT invoice with the business’s data, the order should include the business name, tax identification number and the exact address of the business owner’s registered office.
11. The sales document / VAT invoice is sent together with the ordered Product. Lack of a proof of purchase in the package should be immediately notified to the Online Store’s personnel to: shop@jp-motorsport.com.
§ 6. PAYMENT METHOD AND DATE
1. The Seller reserves the right to change the prices and quantities of the Products offered in the Online Store. The price applicable to the Customer is the price provided in the Online Store the moment the Order Form is correctly completed and submitted, and upon clicking on the “I wish to place an order subject to payment” icon.
2. The Customer may pay for the ordered Products using the methods provided by the Seller and indicated in the Online Store by selecting a payment method.
§ 7. DELIVERY
1. The Seller makes deliveries on the territory of European Union.
2. The Delivery of the Product ordered by the Customer is payable, unless it is indicated on the Website that the Delivery is not subject to an additional payment. When completing the Order Form, the Customer is informed about the available delivery methods and the costs thereof.
3. The total price of the purchased Products, including the costs of the Delivery, is presented to the Customer in the manner specified in § 5 (6).
4. The order processing lasts approximately from 1 to 2 business days, provided that in the case of a payment by bank transfer, the period starts to run once the amount due (including the price of the Product and the shipping cost) is credited to the Seller’s bank account, unless the parties decide otherwise. An exception applies to orders for the Products currently out of stock (designated in the product description as “available on request”). In this case, the order processing period may be extended, which will be immediately communicated to the Customer.
5. If the Customer does not collect the product delivered by the Seller, the Seller will make an additional Delivery only at the Customer’s request, on the date agreed with the Customer and at an extra, individually agreed charge. The additional Delivery shall be made by the Seller upon the Customer’s acceptance of the agreed date and charge for the Delivery, expressed either in writing or via an e-mail.
6. The ordered Products shall be delivered to the Customer through the Supplier to the address indicated by the Customer in the order. The Seller shall not be liable for any delays in the Delivery attributable to the Supplier.
7. The Customer who is a business owner should inspect the delivered package for transport damage immediately after the delivery is made. In the event of a loss or damage to the package, the Customer has the right to demand that the Supplier’s employee draw up the relevant protocol. In the absence of the protocol or failure to report defects, the Customer being a business owner loses their rights in this regard.
8. The receipt of the package from the courier company shall be confirmed by a written receipt issued by the Supplier. Upon the acknowledgment of receipt and full payment of the Product’s price, the ownership of the Product and all risks related to its possession and use, in particular the risk of loss, destruction or damage, shall pass to the Buyer.
9. Details of the Delivery are specified in the Supplier’s terms and conditions. The Customer may collect the ordered goods personally, if this option is available upon placing an order. The collection can be made at the place and time indicated by the Seller via e-mail or by phone. The form of payment available for the “Personal collection” option is cash or card payment upon delivery.
§ 8. VOUCHER REDEMPTION
1. When purchasing the Voucher, the User confirms that he or she has read the description of the selected Ride and the Terms and Conditions available on the Website. The User shall be obliged to provide complete and factually correct information required to conclude an agreement with the Seller and to Redeem the Voucher. The Seller shall not be liable for the consequences of providing incomplete or false information.
2. Before purchasing the Voucher, the User undertakes to acquire all necessary information concerning the age, health and psychophysical condition of the Voucher Redeemer. If, after purchasing the Voucher, the User learned that the use of the Voucher by a given person may be dangerous for such a person or otherwise adversely affect their health, he or she should immediately notify the Contractor thereof.
3. By redeeming the Voucher, a person taking part in the Ride declares that there are no health contraindications that would prevent them from doing so, they are aware of the liability for damage to the car and they will not make any claims against the Contractor in connection with the service provided.
4. In the event the Voucher Bearer cannot redeem the purchased Voucher due to a failure to meet the conditions referred to in the Terms and Conditions, neither the Voucher Bearer nor the User shall be entitled to any claims against the Contractor, including, in particular, a claim for a refund of the amount paid.
§ 9. CONCLUSION OF THE AGREEMENT AND DELIVERY OF THE VOUCHER
1. The agreement between the User and the Service Provider shall be made by purchasing the Voucher on the Website. The agreement shall be deemed concluded upon clicking on the “I wish to place an order subject to payment” icon. The conclusion of the agreement shall mean that the User has read and accepted the terms hereof.
2. All prices provided on the Website are gross prices (inclusive of VAT) expressed in Euros. The price of the Product starts to bind the Buyer at the time of placing an order, i.e. upon clicking on the “I wish to place an order subject to payment” icon.
3. The Administrator reserves the right to change the prices of the Vouchers offered, introduce new Rides and withdraw them from the offer, carry out, cancel and make changes to promotional campaigns.
4. The Administrator shall issue the Voucher and provide it to the User together with a document confirming the sale, in accordance with the applicable regulations, as well as the arrangements made between the parties. The User agrees to the receipt of documents by electronic means.
5. For the Voucher to be issued, delivered and activated, the User must pay for the Voucher using one of the payment methods indicated on the Website.
6. The Voucher shall be delivered in one of the following ways:
1) in an electronic form to the e-mail address indicated when placing the order;
2) by courier services to the address provided by the person placing the order.
7. The Vouchers are sent immediately after placing an order on the Website. The cost of the Voucher’s delivery is displayed for each order placed on the Website.
§ 10. TERMS OF VOUCHER REDEMPTION
1. The Voucher may be redeemed taking account of the Calendar of Events organized by the Contractor, which is available on the Website at https://jp-motorsport.com/shop. The Voucher may be redeemed only on dates specified on the Website, to which the Customer fully agrees. If it is impossible to redeem the Voucher on the dates available, the Customer may not seek the Voucher’s renewal.
2. The Voucher may be redeemed within 365 days from its purchase. The day of placing the order shall be the day on which the order was placed on the Website by clicking on the “I which to place an order subject to payment” icon. This provision is without prejudice to the provision of clause 1, therefore, the Customer shall have no claim against the Service Provider in the event they cannot redeem the Voucher due to the lack of available (free) dates in the Calendar of Events.
3. The Customer may check the Voucher’s validity period on the Website or learn that information directly from the Service Provider. Failure to redeem the Voucher in the specified time limit shall mean that all rights arising from the agreement expire and, specifically, the Voucher can no longer be redeemed. Consequently, neither the Customer nor the Voucher Bearer shall hold any claims, especially for a refund of the amount paid.
4. The Customer may renew the Voucher purchased on the Website for 180 days by paying 50% of the Voucher’s value. The payment must be made before the Voucher expires.
5. To redeem the Voucher, the Customer must book the Date as available in the Calendar of Events, at the latest 14 days prior to the date of their choice. The booking can be made only through the Website’s subpage at https://jp-motorsport.com/shop.
6. For the booking to be valid, when choosing the Date, the Customer must provide:
1) full name of the person taking part in the Ride,
2) contact details (e-mail address, phone number),
3) the date of the planned Voucher Redemption.
7. In order to change the booked Redemption Date, the Customer should contact the Service Provider sufficiently in advance, at least 7 days prior to the booked Redemption Date. The Date may be changed only one (1) time, if the Calendar of Events and the Service Provider’s organizational and technical capabilities so allow,
8. The Service Provider reserves the right to change the Calendar of Events, which may be due to reasons beyond their control, especially in the event of adverse weather conditions. Then, the Customer and the Service Provider shall agree on a different date of the Voucher Redemption.
9. In the event the Voucher is not redeemed due to reasons beyond the Contractor’s control, especially due to a vehicle’s breakdown, the Contractor has the right to set another Date of the Voucher Redemption. In this situation, the Contractor shall make every effort to organize the Ride using a different vehicle accepted by the Customer. Then, the Contractor shall not be obliged to refund the costs incurred by the Customer or the Voucher Bearer for the redemption.
10. The Voucher Redeemer shall be obliged to appear on time at the location agreed with the Contractor, in accordance with the booking made. If the Voucher Redeemer fails to appear on the booked Date and Venue of the Voucher Redemption, the Voucher Bearer loses a chance to redeem the Voucher. Consequently, the Voucher expires and the Customer or the Voucher Bearer does not have the right to seek refund of the amount paid for the Voucher.
11. To redeem the Voucher, the Voucher Bearer should hold:
1) an identity card or a consent of a legal guardian, if required by the law;
2) the Voucher or another document confirming the holder’s eligibility to redeem the Voucher.
12. When redeeming the Voucher, the Voucher Bearer shall be obliged to observe the instructions, recommendations, guidelines of the Contractor’s employees and instructors involved in the Voucher Redemption.
13. The Contractor has the right to refuse or discontinue the Voucher Redemption if the Voucher Bearer does not comply with the instructions given to them by the Contractor’s employees or instructors involved in the Voucher Redemption, they are under the influence of alcohol or other intoxicants, or they do not meet the requirements necessary to use the Voucher specified in the Voucher’s description on the Website or the Website’s Terms and Conditions.
14. In the event of a breach of the Voucher Redemption terms, no compensation claims can be pursued against the Contractor, especially claims for a refund of the amount paid.
15. The Contractor may refuse the Voucher Redemption if, in their opinion, this could pose a threat to the health or life of the Voucher Bearer. Then, the Voucher Bearer shall set a new Redemption Date with the Contractor.
16. The Voucher Bearer and the accompanying third parties cannot photograph, video and otherwise record the Ride, without the express consent of the Contractor, unless the Ride is recorded only for the personal use of the Voucher Bearer and the persons they authorized. In each case, the above-mentioned activities should be performed in a manner so as not to endanger the safety of people staying at the Voucher Redemption Venue, in compliance with the recommendations of the Contractor’s employees.
§ 11. WITHDRAWAL FROM THE AGREEMENT
1. The Customer who is also a consumer may withdraw from the agreement without stating a reason within 14 days from the date of the Delivery of the ordered Products or the Voucher. To meet this deadline, it is enough to send a declaration of withdrawal before said period ends.
2. To exercise the right of withdrawal from the agreement, the Customer must submit the declaration of withdrawal. The Customer may use a declaration of withdrawal form, constituting an annex hereto. The Customer may send said declaration to the registered office of the Seller or send a scan of the completed and signed form by e-mail to: shop@jp-motorsport.com.
3. The declaration of withdrawal from the agreement shall be accompanied by a proof of purchase of the Products or the Voucher.
4. The Customer shall be liable for reducing the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, features and functioning of the Product.
5. The Customer shall be obliged to return the Products or the Voucher subject to the declaration of withdrawal from the agreement, within 14 days of submission of the declaration of withdrawal. To meet this deadline, it is enough to send the Products or the Voucher before said period ends.
6. The cost of the return shall be borne by the Customer. The Customer shall also bear the cost of delivery other than the cheapest, ordinary delivery method offered by the Seller.
7. The Seller shall refund the Customer the amount paid for the returned Products or Voucher within 14 days of the receipt of the Customer’s declaration of withdrawal from the agreement. The Seller shall repay the Customer using the same payment method as used by the Customer, unless the Customer expressly agreed to be repaid otherwise.
8. The Seller may withhold the repayment of the amounts referred to in clause 7 above, until the Customer returns the Products or the Voucher subject to the withdrawal from the agreement.
9. The Customer shall not be entitled to withdraw from the agreement if he or she concluded the agreement within the scope of their business activities, i.e., in the capacity of a business owner.
§ 12. PRODUCT COMPLAINT
1. The Customer may report the Products’ defects or send relevant requests via e-mail to: shop@jp-motorsport.com.
2. The Customer shall not be entitled to any warranty claims if he or she concluded the agreement within the scope of their business activities, i.e., in the capacity of a business owner.
3. It is recommended that the Customer provides information and circumstances pertinent to the subject of the complaint in the complaint’s description, specifically (1) the type of the irregularities and the date of their occurrence; (2) the claim pursued by the Customer and (3) contact details of a person lodging a complaint – this will facilitate and expedite the complaint processing by the Seller. The requirements specified in the previous sentence constitute a mere recommendation and do not affect the effectiveness of the complaints lodged without the recommended description of the complaint.
4. The Seller shall respond to the complaint immediately, not later than within 14 business days after it is lodged. Failure to respond to the complaint by the Seller within the above-mentioned period shall mean that the Seller found the complaint to be justified within the above-mentioned period. The response to the complaint shall be sent to the address provided by the Customer or in another way specified by the Customer.
5. If the Seller needs the Customer to deliver them the Product to be able to respond to the Customer’s complaint or to exercise the Customer’s rights, the Customer will be requested by the Seller to deliver the Product at the Seller’s expense to the address indicated by the Seller.
6. If, however, due to the type of defect, the type of the Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer shall be obliged, upon prior arrangement of the date, to make the Product available to the Seller at the Product’s location.
§ 13. COMPLAINTS ABOUT THE VOUCHER REDEMPTION
1. Complaints related to non-performance of the Ride or improper Voucher Redemption must be lodged with the Service Provider within 30 days from the Voucher Redemption Date or the Date of its planned redemption.
2. The Service Provider undertakes to process the lodged complaint within 30 days of its receipt. This time limit may be extended, of which the User will be informed via e-mail, if the Service Provider needs specific information to process the complaint or if the Service Provider faces difficulties beyond its control or if additional information is needed from the User. The time of providing additional information by the User each time extends the time of the complaint processing.
3. Sending a complaint in an electronic form by the User shall be tantamount to the User’s consent to the receipt of the Service Provider’s response electronically as well, unless, in their complaint, the User expresses its expectation to receive the response in writing.
4. The Service Provider reserves the right not to respond to a complaint that is manifestly unjustified, in particular if a given complaint has already been processed with regard to a given person.
5. The Service Provider shall not be liable for the use of the Voucher by a person who came into the Voucher’s possession against the will or without the knowledge of the Customer. In this situation, the Voucher shall be considered redeemed.
§ 14. TECHNICAL REQUIREMENTS
1. In order to use the Website, the Customer must have devices enabling them to use the Internet, connect to the Internet, use a browser displaying websites, (e.g. Internet Explorer, Opera, Firefox, Google Chrome, Safari) in their latest versions available at the time, with enabled cookies, supporting SSL and JavaScript encrypted connections, and they must have an active e-mail account (e-mail) to use individual Services and a program reading PDF (Portable Document Format) files.
2. The Service Provider reserves the right to change the technical requirements for the provision of electronic services.
3. The Service Provider shall not be liable for the Customer’s failure to comply with the technical requirements specified herein.
4. The Service Provider reserves that the use of electronic services may involve technical risk, typical for the use of IT systems. The Customers should secure their electronic connections and devices against unauthorized access, and, in particular, install anti-virus software.
§ 15. NEWSLETTER
1. The Newsletter service is free of charge and involves sending information and promotional content prepared by the Service Provider.
2. The Newsletter is made available to the Users by the Service Provider at their express request and free of charge – the User shall not be obliged to bear the costs of the Newsletter at any stage, except for the costs resulting from the use of means of remote communication (in particular the cost of access to the Internet), which the User shall bear on its own.
3. The User’s use of the information and promotional content (Newsletter) takes place on the terms set out herein and in accordance with the Act on the provision of electronic services and the Act on consumer rights and, after the express acceptance of this fact when registering the e-mail address on the Website, shall be tantamount to:
1) the User’s acceptance of all provisions hereof;
2) the User’s consent to receive the Newsletter without delay.
4. The User may resign from the Newsletter Service at any time.
5. The Newsletter contains information and promotional content related to the Website, the Service Provider, the Products offered in the Online Store.
6. To receive the Newsletter, the User must (the conditions being cumulative):
1) accept the provisions hereof;
2) express its consent to the processing of the User’s personal data by the Service Provider for the purposes related to the use of the Newsletter and for marketing purposes, in particular to the receipt of commercial information from the Service Provider.
The consents referred to in clauses 1) and 2) shall be expressed by clicking on the relevant field when entering an e-mail address in the Newsletter Form available on the Website
7. Once the User expresses its consent to the receipt of the Newsletter, the Service Provider sends to the User the confirmation of the agreement’s conclusion via e-mail, which means that the parties enter into an agreement for the provision of electronic services for an indefinite time.
8. The User may withdraw its consent to the receipt of information and promotional content and to the processing of the User’s personal data by the Service Provider at any time by sending an e-mail to: office@jp-motorsport.com, which is tantamount to the resignation from the Newsletter Service and dissolves the agreement for the provision of this service.
9. The User shall be entitled to lodge complaints about matters pertinent to the Newsletter Service under the rules defined herein.
§ 16. COPYRIGHT AND RELATED RIGHTS
1. The author’s economic rights and related rights to the Website as a whole and its individual parts, graphic, verbal or musical elements, as well as the rights to the composition and layout of these elements on the Website are vested in the Service Provider.
2. The Customer shall not be entitled to use or exploit the materials provided on the Website in whole or in part without the separate consent of the Service Provider, in particular, the Customer shall not be entitled to download, save on data carriers, copy or otherwise modify the materials placed on the Website.
3. The exploitation of the materials placed on the Website in a manner inconsistent with the provisions hereof constitutes a violation of the rights of the Service Provider.
4. The Customer undertakes, in particular, to respect the author’s economic rights and rights resulting from the registration of inventions, patents, trademarks, utility and industrial models of the Service Provider.
5. The Customer declares that any content posted by them on the Website does not infringe any copyrights and personal rights of third parties.
§ 17. COMPLAINT PROCEDURE – SERVICES PROVIDED ELECTRONICALLY
1. The Customer has the right to lodge a complaint if the Services provided for herein are not performed or are performed contrary to the provisions hereof. The complaints must be lodged electronically to office@jp-motorsport.com.
2. The correctly sent complaint will be processed within 30 days of its receipt. This time limit may be extended if the Service Provider needs specific information to process the complaint or if the Service Provider faces difficulties beyond its control or if additional information is needed from the Customer. The time of providing additional information by the Customer each time extends the time of the complaint processing.
3. The Service Provider reserves the right not to respond to a complaint that is manifestly unjustified, in particular, if a given complaint has already been processed with respect to a given Customer.
4. Sending a complaint in an electronic form by the Customer shall be tantamount to the Customer’s consent to the receipt of the Service Provider’s response electronically as well.
§ 18. FINAL PROVISIONS
1. The Service Provider has the right to change these Terms and Conditions without stating a reason. The Service Provider will inform about the changes in a visible place on the Website. If the User does not consent to the change of the Terms and Conditions, he or she shall have the right to terminate the agreement for the provision of electronic services.
2. If any of the provisions hereof is found unlawful, it shall not affect the effectiveness and validity of the remaining provisions hereof.
3. Issues related to the protection of personal data and the use of cookies by the Service Provider have been described in the Privacy Policy available on the Website.
4. The provisions hereof and any disputes between the Service Provider and the User are subject to the provisions of German law.
5. If the User is also a business owner, disputes arising from the performance of this agreement shall be resolved by the court having jurisdiction over the Service Provider’s registered office. If the User is also a consumer, disputes arising from the performance of this agreement shall be resolved by the court of general jurisdiction.
6. The Customer who is also a consumer may use out-of-court methods of processing complaints and pursuing claims. To that end, the Customer may resolve disputes electronically through the EU online ODR platform available at http://ec.europa.eu/consumers/odr/.
7. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily discontinue or limit the provision of the Services, without prior notification to the Users. In particular, the Service Provider shall be entitled to carry out maintenance works aimed at restoration of the security and stability of the ICT system. The User shall not be entitled to any claims related to the interruption or discontinuation of the provision of the Services by the Service Provider.
8. These Terms and Conditions enter into force on 20.08.2020.
