Terms of service

Table of Contents

1. Scope of Application
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 Specific Customer Requirements
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Vibe Labs LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA, operating under the brand Racing Vibes (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with 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 rejected unless otherwise 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 attributable to their independent professional activity.

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 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 enable the Customer to submit a binding offer.

2.2 The Customer may submit the 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 with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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

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

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered via 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 (hereinafter "PayPal"), subject to PayPal’s terms of use. If the Customer selects a payment method offered by PayPal that is selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing payments, for which special payment conditions may apply, to which the Customer will be separately informed.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the order has been sent. The Seller does not make the contract text accessible beyond this.

2.7 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 their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 However, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the Customer is decisive or which are clearly tailored to the personal needs of the Customer.

3.3 Since our offered products are individually manufactured according to customer specifications (e.g. personalized phone cases), there is no right of withdrawal for these products.

3.4 The Customer’s statutory rights in the event of defects or goods delivered in damaged condition remain unaffected.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the Customer’s destination country, additional costs may arise in individual cases for which the Seller is not responsible and which are to 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).

4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via "Shopify Payments" is selected, payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, in particular due to an incorrect delivery address or unsuccessful delivery, the Customer shall bear the reasonable costs incurred by the Seller as a result.

5.3 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 goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the above, the risk also passes to the Customer as a consumer as soon as the Seller has handed over the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier or other designated person and the Seller has not previously named this person to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the case that non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall 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 without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply.

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• the limitation period for defects in new goods shall be one year from delivery of the goods;
• rights and claims for defects are excluded for used goods;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening of limitation periods 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 purpose and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the supply 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 is a merchant within the meaning of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

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

8.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific requirements of the Customer, 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 the Seller the necessary usage rights. The Customer is solely responsible for obtaining these contents and acquiring the rights to them. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they must ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

8.2 The Customer shall indemnify the Seller against any claims asserted by third parties in connection with a violation of their rights through the contractual use of the Customer’s content by the Seller. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This shall 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 promptly, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates statutory or official prohibitions or public morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence.

9) Redemption of Promotional Vouchers

9.1 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.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the promotional voucher.

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

9.5 Several promotional vouchers can be redeemed in one order.

9.6 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.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.9 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 a statutory right of withdrawal that may exist.

9.10 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

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