General Terms & Conditions of Business

Supplier:

HEICO SPORTIV GmbH & Co. KG
Rudolf-Diesel-Straße 44
64331 Weiterstadt
Germany

Tel.: +49 6151 300950
Email: mail@heicosportiv.de

Management: HEICO SPORTIV Verw. GmbH, General Manager Holger R. Hedtke,
Registered at the Local Court (Amtsgericht) of Darmstadt under HRA No. 6631

(As amended at August 2026)

Section 1: General
Section 2: Offers, Formation of Contract
Section 3: Delivery Appointments, Delayed Delivery
Section 4: Shipping, Passage of Risk
Section 5: Prices, Terms of Payment
Section 6: Reservation of Ownership
Section 7: Right of Revocation in Conjunction with Distance Sale Contracts with Consumers
Section 8: Damage in Transit
Section 9: Warranty
Section 10: Liability
Section 11: Data Protection
Section 12: Notice pursuant to Section 36 of the German Consumer Dispute Settlement Act (VSBG)
Section 13: Miscellaneous Provisions
Attached: Revocation Instruction

Section 1. General

1. These General Terms and Conditions, hereinafter referred to as the “GTC”, apply to all orders placed by our customers. The current version of the GTC is also available at www.heicosportiv.de.

2. By placing an order, the customer agrees to be bound by the GTC in force at the time of the order. Any of the customer’s own terms and conditions that conflict with these GTC shall not form part of the contract.

3. ‘Consumers’ within the meaning of these terms and conditions are natural persons who order goods from us for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activities. ‘Traders’ within the meaning of these terms and conditions are natural or legal persons, or partnerships with legal capacity, acting in the course of their commercial or self-employed professional activities.

4. The language of the contract is German.

Section 2.  Offers, Formation of Contract

1. Illustrations and descriptions are for general illustrative purposes only; technical specifications are subject to change, as we are constantly striving to further develop our products. Information contained in the descriptions, in particular regarding performance, speeds, etc., should be regarded as approximate and does not constitute a guarantee of specific characteristics.

2. The online presentation of our product range in the internal dealer area does not constitute a binding contractual offer for business customers. By submitting an order to us, the business customer makes an offer, which is subject to our acceptance in writing following a check of availability. The contract is concluded upon receipt of the declaration of acceptance by the business customer.

The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to the customer to order goods.

By completing the ordering process and submitting the order, the customer makes a binding offer to conclude a contract of sale for the selected products. Before submitting the order, the customer may check and correct their entries at any time.

Receipt of the order will be confirmed to the customer immediately by email. This confirmation of receipt does not yet constitute acceptance of the offer.

The contract of sale is only concluded upon our express acceptance of the order, for example by sending an order confirmation or by dispatching the ordered goods. We reserve the right to accept the order, in particular following a check of availability, deliverability and technical and commercial requirements.

Should an order not be accepted, the customer will be informed of this immediately.

4. For orders of vehicle-specific products, in particular those relating to engine technology, chassis, exhaust systems and other technical components, the provision of specific vehicle data is required. The customer is obliged to provide the vehicle-specific data requested during the ordering process completely and correctly. This information is necessary to verify whether the ordered product is suitable for the vehicle in question and whether the order can be processed technically. The customer is responsible for the accuracy of the vehicle data they provide. Incorrect or incomplete information may lead to delays in processing, the order being unable to be fulfilled, or additional costs. A technical check of the order by HEICO SPORTIV does not replace the customer’s obligation to provide correct vehicle data.

Section 3. Delivery Appointments, Delayed Delivery     

1. Unless expressly agreed to be binding, the delivery times stated are to be regarded as approximate and subject to change, and are subject to correct and timely supply by our own suppliers.

2. The delivery period shall commence upon conclusion of the contract, but not before the customer has provided any necessary documents, authorisations or approvals, nor before receipt of any agreed deposit.

3. The delivery period shall be deemed to have been met if, by the time it expires, notice of readiness for dispatch has been given or the goods have been handed over to the forwarding agent or carrier. This shall also apply where dispatch is carried out by our own staff.

4. The delivery period shall be extended in the event of measures taken in the context of industrial action, in particular strikes and lockouts, as well as in the event of unforeseen obstacles beyond our control, e.g. operational disruptions or delays in the delivery of essential materials, insofar as such obstacles demonstrably have a significant impact on the delivery of the goods. This shall also apply if the circumstances arise at subcontractors. The delivery period shall be extended in line with the duration of such measures and obstacles.

5. We shall not be held responsible for the aforementioned circumstances even if they arise during a period of delay that has already commenced. In important cases, we shall notify the customer of the start and end of such obstacles as soon as possible.

6. We reserve the right to make partial deliveries. We shall bear any additional costs arising from partial deliveries.

7. We reserve the right to make design or form changes during the delivery period which are attributable to technical improvements or statutory requirements, provided that the goods to be delivered are not substantially altered and the change is reasonable for the customer.

Section 4. Shipping, Passage of Risk  

1. 1. Unless otherwise expressly agreed with us in writing, and provided the customer is a business, the goods shall be dispatched ex works or ex warehouse at the customer’s expense and risk. The choice of dispatch method shall be at our discretion.

2. Clause 1 shall also apply in the case of carriage paid delivery. Transport insurance shall only be taken out at the customer’s express request and at their expense.

3. Where the customer is a business, the risk of destruction, loss or deterioration of the goods, as well as the risk of price fluctuation, shall pass to the customer upon handover of the goods to the person designated to carry out the dispatch. The same applies to the risk of delayed delivery.

Section 5. Prices, Terms of Payment  

1. We accept cash, EC cards, PayPal and credit card payments, or payment in advance when the goods are dispatched.

2. For larger orders, we reserve the right to require payment in advance, either in part or in full. In such cases, the customer will be notified in advance.

3. The prices quoted on our website in the ‘Tradespeople’ section for businesses are net prices, plus the applicable statutory VAT. The prices displayed in the HEICO SPORTIV online shop are intended for consumers and include statutory VAT as well as other price components. The prices quoted are final prices.

Any additional delivery charges will be displayed to the customer during the ordering process before the order is placed and are to be borne by the customer, unless otherwise agreed.

4. If more than 4 months elapse between the order being placed and delivery to the buyer, or if changes to the type and nature of the parts used necessitate a change in prices, the prices valid on the day of delivery shall apply.

Section 6. Reservation of Ownership     

1. In the case of contracts with consumers, we retain title to the goods until the purchase price has been paid in full.

2. In the case of contracts with businesses, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.

3. The customer is obliged to treat the goods with due care.

4. The customer is obliged to notify us immediately of any access to the goods by third parties, for example in the event of attachment, as well as of any damage to or destruction of the goods. The customer must also notify us immediately of any change in ownership of the goods or a change in their own place of residence.

5. We are entitled to withdraw from the contract and demand the return of the goods in the event of the customer’s breach of contract, in particular in the event of default in payment.

6. The business is entitled to resell the goods in the ordinary course of business. The business hereby assigns to us, with immediate effect, all claims arising from the resale against a third party, in the amount of the invoice sum. We accept this assignment. Following the assignment, the trader is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the trader fails to meet their payment obligations properly and falls into arrears.

7. Any treatment or processing of the goods by the contractor shall always be carried out in our name and on our behalf. If the goods are processed together with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods supplied by us in relation to the other processed items.The same shall apply if the goods are mixed with other items not belonging to us.

Section 7. Right of Revocation in Conjunction with Distance Sale Contracts with Consumers

REVOCATION INSTRUCTION

CONSUMERS HAVE THE FOLLOWING RIGHT OF REVOCATION

You may revoke this contract within a period of 14 (fourteen) days without stating a reason.

The revocation period is 14 (fourteen) days starting on the day on which you, or a third party named by yourself who is not the consignor, took possession of the merchandise.

To exercise your revocation right, you must inform us  (HEICO SPORTIV GmbH & Co. KG, Rudolf-Diesel-Str. 44, 64331 Weiterstadt, Germany, email: mail@heicosportiv.de) by way of an unambiguous declaration (e.g. in a letter sent by regular mail or by email) of your decision to revoke this contract. To do so, you may use the attached sample revocation form, the use of which is not however, obligatory.

To meet the revocation deadline, it suffices that the notification of the exercising of your revocation right be sent before expiry of the revocation deadline.

CONSEQUENCES OF REVOCATION

Should you revoke this contract, we shall reimburse you forthwith, however no later than within 14 (fourteen) days of the day of receipt of your notification to revoke this contract, with all payments which we received from you, including delivery costs (with the exception of any additional costs which arose from your choice of a form of delivery other than the most cost-effective form of delivery which we offer by default). For this reimbursement, we shall use the same means of payment which you used for the original transaction, save alternative arrangements had been expressly agreed with you. Under no circumstances shall any fees be charged for this reimbursement. We reserve the right to withhold reimbursement until such time as we have received delivery of the returned merchandise, or evidence of the merchandise’s return is furnished, whichever of the two is earlier.

You shall send back or hand over the merchandise to us forthwith, in any case within no later than fourteen days of informing us of your revocation of this contract. The deadline shall be deemed met if the merchandise is provably dispatched before expiry of the fourteen-day deadline. You shall bear the direct cost of returning the merchandise.

You shall only be charged for any depreciation of the merchandise if said depreciation is ascribable to handling which was not necessary in order to inspect the qualities, characteristics and manner of functioning of the merchandise.

REVOCATION FORM

If you would like to revoke the contract, please complete this form and return it to us at:

HEICO SPORTIV GmbH & Co. KG
Rudolf-Diesel-Str. 44
D-64331 Weiterstadt
Email: mail@heicosportiv.de

I / we (*) herewith revoke the contract which I / we concluded with respect to the purchase of the following merchandise:

Ordered on (*) / received on (*):

Name(s) of Consumer(s):

House number, street:

Zip code, town:

Date:

Signature(s) of the Consumer(s) / Businessperson(s):
(only for notifications submitted on paper)

(*) Strike as applicable.

Section 8. Damage in Transit

If, on receipt of the merchandise, the customer recognizes damage to packaging, the customer shall, on acceptance of the merchandise, request the transportation company to confirm the damage in writing.

Section 9. Warranty

1. If the customer is a business, we shall initially provide a warranty for defects in the goods, at our discretion, by either rectifying the defect or supplying a replacement.

2. If the customer is a consumer, they shall initially have the choice as to whether rectification is to take the form of repair or replacement. However, we are entitled to refuse the type of rectification chosen if it is only possible at disproportionate cost and the other type of rectification does not entail any significant disadvantages for the consumer.

3. If the repair or replacement fails – in particular if the defect cannot be rectified or if further attempts at repair would be unreasonable for the customer – the customer may, at their discretion, demand a reduction in the price or rescission of the contract. If the customer chooses to withdraw from the contract due to a legal defect or a material defect following a failed attempt at subsequent performance, they shall not be entitled to any additional claim for damages in respect of the defect.

In accordance with Section 475(4) of the German Civil Code (BGB), we are legally obliged to inform you of the following:
If the goods purchased are defective, you may demand subsequent performance, provided that claims arising from statutory liability for material defects have not already become time-barred. In this case, you may choose between the rectification of the defect or the delivery of goods free from defects.

If, at your discretion, the subsequent performance takes the form of rectification of the defect (= repair), the original limitation period for claims arising from a defect shall be extended once by twelve months.

4. Businesses must inspect the goods immediately upon delivery to ensure they are free from defects and complete, and must notify us without delay of any defects discovered during this inspection. If the business fails to carry out the inspection or give notice of defects in good time, the delivered goods shall be deemed to have been accepted, unless the defect was not apparent at the time of inspection. Defects discovered at a later date must also be reported to us without delay; otherwise, the goods shall be deemed to have been accepted with regard to these defects as well. The notice of defect must be given in writing in each case and must specify the defect in question precisely. In all other respects, Sections 377 et seq. of the German Commercial Code (HGB) shall apply mutatis mutandis.

5. The warranty period is two years, calculated from the transfer of risk. Where the goods ordered are motor sport parts, it is expressly pointed out that some of these are not approved for use on public roads. This does not constitute a defect.

6. No warranty obligations shall apply if the defect or damage arose because

•  the buyer failed to report a defect;
• the buyer failed to provide an opportunity for rectification without delay despite being requested to do so;
• the purchased item has been handled improperly or subjected to excessive strain, e.g. during motor sport competitions;
• the buyer has failed to comply with the instructions regarding the handling, maintenance and care of the purchased item (e.g. operating instructions).

7. Normal wear and tear is excluded from the warranty.

8. Claims under the guarantee or warranty against HEICO SPORTIV are excluded insofar as the functionality of the delivered product is no longer guaranteed due to a change in the software version by the vehicle manufacturer.

9. We provide a voluntary guarantee on HEICO SPORTIV products in accordance with our guarantee terms and conditions. Please refer to the guarantee terms and conditions, which can be viewed at www.heicosportiv.de, for further details. The statutory warranty for material defects is not restricted by this guarantee.

Section 10. Liability

1. Subject to the provisions below, we shall not be liable – on whatever legal grounds – for breaches of duty arising from slight negligence on our part, on the part of our legal representatives or vicarious agents. In the event of a breach of essential contractual obligations arising from slight negligence, our liability shall be limited to the amount of the typical foreseeable loss. We shall not be liable to businesses for delay or impossibility caused by slight negligence, and shall be liable to consumers only to the extent of the typical foreseeable damage. The typical foreseeable damage shall not exceed twice the order value for the contract on which the event giving rise to liability was based.

2. The above exclusions and limitations of liability shall not apply in cases of strict liability, in particular under the Product Liability Act, in cases of wilful misconduct or gross negligence, in the event of a breach of essential contractual obligations, or in the event of injury to life, limb or health.

Section 11. Data Protection

1. All personal data you provide (e.g. title, name, address, date of birth, email address, telephone number, bank details, credit card number, as well as vehicle-related data such as vehicle type, model, year of manufacture, engine type, Vehicle Identification Number (VIN) and other technical vehicle data, insofar as this is necessary for processing the order) is collected, processed and stored by us exclusively in accordance with the provisions of applicable data protection law.

2. Personal data is processed, in particular, for the purpose of processing and fulfilling orders, for the technical verification of the products ordered, for communication with the customer and for the fulfilment of contractual obligations.

3. Where necessary for the performance of the contract, personal data may be disclosed to service providers commissioned by us. These include, in particular, transport companies and delivery service providers commissioned to deliver the goods ordered. Such disclosure takes place only to the extent necessary for the fulfilment of the respective order.

4. Where the collection, processing or storage of personal data is intended beyond the circumstances set out above, this shall only take place with the customer’s separate consent.

Section 12. Notice pursuant to Section 36 of the German Consumer Dispute Settlement Act (VSBG)

HEICO SPORTIV will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG, nor is it obliged to do so.

Section 13. Miscellaneous Provisions

1. The legal system of the Federal Republic of Germany applies. The UN Convention on Con-tracts for the International Sale of Goods is not effective.

2. If the customer is a businessperson, legal person under public law or a special authority under public law, the sole legal venue for disputes arising from this contract shall be Darmstadt, Germany. The same applies if the customer does not have a general legal venue in Germany.

3. Should any individual provisions of the contract between HEICO SPORTIV and the customer, including this GTCB, be or become entirely or partly ineffective or have omissions, the validity of the remaining provisions shall in no way be affected.

To the General Terms & Conditions of Business of HEICO SPORTIV GmbH & Co. KG