GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ONLINE SHOP AND DISTANCE SELLING
POGEA RACING GmbH
Ernst-Zimmermann-Str. 17, 88045 Friedrichshafen, Germany
Telephone: +49 7541 9817890
Email: info@pogea-racing.com
Withdrawal: withdraw@pogea-racing.com
Local Court of Ulm, HRB 728831 · VAT ID DE249636859
Managing Director / CEO: Eva Pogea
VERSION DATED AUGUST 23, 2026 · VERSION 2.0
TERMS AND CONDITIONS DOWNOAD / GERMAN VERSION
WITHDRAW FROM CONTRACT DOWNLOAD / GERMAN VERSION
IMPORTANT NOTICE: These Terms and Conditions are supplemented by the withdrawal instructions below and POGEA RACING's own model withdrawal form. Individual agreements expressly concluded with the customer take precedence.
1. SCOPE AND DEFINITIONS
1.1 These Terms and Conditions apply to all contracts concluded by POGEA RACING GmbH (hereinafter “POGEA RACING”) for the supply of goods, particularly vehicle, tuning, performance, exhaust, suspension, wheel, carbon fiber, electronic and accessory components, as well as installation, assembly, repair, calibration and other workshop services, insofar as such contracts are initiated or concluded through the online shop or exclusively by means of distance communication.
1.2 A consumer is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business or independent professional activity. A business customer is any natural or legal person or partnership with legal capacity acting in the course of their commercial or independent professional activity when concluding the contract.
1.3 For business customers, these Terms and Conditions also apply to future business relationships. Any conflicting terms of the business customer are rejected unless POGEA RACING expressly agrees to their application in text form. For consumers, only the provisions designated for consumers and mandatory statutory provisions apply.
1.4 Individual agreements take precedence. Legally relevant declarations and notifications by the customer must be made at least in text form unless the law requires a stricter form or permits an informal declaration.
2. OFFERS, ORDERS AND CONTRACT FORMATION
2.1 Product presentations in the online shop do not constitute binding offers but invitations for customers to submit binding offers. Before submitting an order, customers can identify and correct their entries using the customary technical functions.
2.2 By activating the clearly designated payment-obligation order button, the customer submits a binding offer. The automated order receipt confirmation merely documents receipt and does not constitute acceptance unless expressly designated as an order confirmation or accompanied by a request for or execution of payment.
2.3 POGEA RACING may accept the offer within five calendar days by issuing an order confirmation in text form, requesting payment, confirming shipment or delivering the goods. The first of these events shall be decisive. Where immediate payment is selected, the contract may be concluded upon completion of payment if this is clearly indicated during checkout.
2.4 For contracts concluded by telephone, email, messenger or individual quotation, the contract is formed upon receipt of the order confirmation or acceptance of the customer's offer. The quotation, service description, order confirmation and these Terms and Conditions provided before contract formation shall apply.
2.5 An appointment arranged by telephone, electronically or through the website for work at POGEA RACING's premises is non-binding and does not itself constitute a contract unless POGEA RACING expressly confirms a binding commission. A contract for work on a vehicle physically present at POGEA RACING's premises is generally concluded only when the workshop order is signed or expressly confirmed on site. No statutory right of withdrawal exists for contracts concluded exclusively on the business premises.
2.6 The contractual language is German. The contract text is stored in accordance with statutory obligations and provided to the customer on a durable medium.
3. PRODUCT INFORMATION, VEHICLE COMPATIBILITY AND TECHNICAL REQUIREMENTS
3.1 Product images and information concerning sound, performance and weight are descriptions and do not constitute independent guarantees. Technically unavoidable and reasonable deviations, particularly regarding color, surface finish, weld appearance, sound, performance and weight, remain permissible insofar as they do not impair the agreed characteristics or the ordinary or contractually intended use.
3.2 Before ordering and installation, the customer must verify and provide complete vehicle information, particularly manufacturer, model, type, model year, engine, power output, drivetrain, body style, emissions standard, vehicle identification number and existing modifications. Incorrect vehicle selection by the customer does not constitute a defect if the goods conform to the agreed specifications.
3.3 Where use on public roads requires an operating permit, ABE, ECE/EC approval, component approval documentation, individual inspection, registration or other official authorization, its existence and territorial validity are determined exclusively by the product description or order confirmation. Motorsport products without the necessary approval must not be used on public roads. Statutory safety and approval obligations remain unaffected.
3.4 Unless expressly agreed as guaranteed figures, performance specifications for upgrades or complete systems represent target or average values under defined testing conditions. Vehicle condition, fuel, temperature, measurement technology, production tolerances and additional modifications may affect the results.
4. PRICES, SHIPPING COSTS AND PAYMENT
4.1 Prices for consumers are total prices including statutory VAT. Additional delivery, freight, packaging, import or payment service charges are disclosed before ordering. Prices for business customers are net amounts plus statutory VAT unless otherwise stated.
4.2 Payment methods, due dates and applicable payment service providers are specified in the quotation or checkout process. Consumers' rights of set-off and retention are governed by law. Business customers may set off only claims that are undisputed, ready for decision or legally established, without prejudice to claims arising from the same contractual relationship.
4.3 Statutory consequences apply in the event of late payment. Following expiry of a reasonable deadline without payment, POGEA RACING may withhold further services and exercise its statutory rights.
5. DELIVERY, PARTIAL DELIVERIES, TRANSFER OF RISK AND ACCEPTANCE
5.1 Delivery periods commence only after contract formation, receipt of any agreed advance payment and clarification of all technical information. Dates are binding only if expressly designated as such. Partial deliveries are permissible if reasonable for the customer and do not result in additional shipping costs.
5.2 For consumers, risk transfers only upon delivery to the consumer or an authorized recipient. Statutory exceptions apply where the consumer independently commissions a carrier not designated by POGEA RACING. For business customers, risk transfers upon handover to the carrier.
5.3 If delivery fails for reasons attributable to the customer, POGEA RACING may charge the necessary and reasonable additional costs. In the event of a valid consumer withdrawal, statutory provisions concerning outgoing and return shipping costs remain applicable.
5.4 Force majeure and impediments beyond POGEA RACING's responsibility extend performance deadlines by a reasonable period. In cases of permanent impossibility or non-availability beyond POGEA RACING's responsibility despite a corresponding procurement arrangement, POGEA RACING may withdraw after promptly informing the customer. Payments received shall be refunded without undue delay. Mandatory consumer rights remain unaffected.
6. RETENTION OF TITLE
6.1 Goods remain the property of POGEA RACING until all claims arising from the respective contract have been paid in full.
6.2 For business customers, ownership remains with POGEA RACING until all outstanding claims arising from the ongoing business relationship have been settled. Processing, combination, resale and advance assignment are additionally governed by statutory principles. Securities shall be released upon request insofar as their realizable value exceeds the secured claims by more than 10 percent.
7. CONSUMERS' RIGHT OF WITHDRAWAL
7.1 Consumers have a statutory right of withdrawal for distance contracts in accordance with the separate withdrawal instructions in Section A of this document.
7.2 The right of withdrawal does not apply, in particular, to goods that are not prefabricated and for whose manufacture an individual choice or specification by the consumer is decisive, or which are clearly tailored to the consumer's personal needs. Merely selecting standard options or assigning a product to a particular vehicle does not necessarily satisfy this requirement; the actual degree of customization is decisive.
7.3 Statutory exceptions to the right of withdrawal are not extended. In particular, simply installing a standard product does not automatically eliminate the right of withdrawal, although it may give rise to a substantial claim for compensation for diminished value.
7.4 For distance contracts concluded through an online user interface, POGEA RACING provides a continuously available, prominently displayed electronic withdrawal function throughout the applicable withdrawal period in accordance with statutory requirements. Receipt of a withdrawal submitted through this function is confirmed to the consumer without undue delay on a durable medium, stating its content, date and time.
8. RETURN SHIPPING COSTS FOLLOWING CONSUMER WITHDRAWAL
8.1 The consumer bears the direct costs of returning goods if properly informed of this obligation before submitting their contractual declaration. This applies to both parcel-shippable goods and goods requiring freight transportation. POGEA RACING arranges return transportation only where expressly agreed. The resulting direct transportation costs may be deducted from the refund.
8.2 For goods that cannot normally be returned by post, return shipping costs are specified in the individual quotation, product page or, at the latest, immediately before the order is placed. Where exact advance calculation is not reasonably possible, the following realistic maximum estimate applies to returns within Germany: up to EUR 450.00 per shipment or loading unit. For international returns, a country-specific and product-specific estimate is provided during checkout. Only the direct costs actually incurred are payable; lower actual costs are charged at their actual amount.
8.3 These cost provisions apply only to withdrawal involving goods that conform to the contract. In the event of a justified defect claim, POGEA RACING bears the legally required costs of remedy and return.
9. COMPENSATION FOR DIMINISHED VALUE FOLLOWING WITHDRAWAL; INSTALLED OR USED GOODS
9.1 The consumer is liable for any actual loss in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, provided POGEA RACING has properly informed the consumer of the right of withdrawal.
9.2 Trial installation, permanent assembly, electronic coding, filling with fluids, thermal exposure, engine operation, road use, modification, damage, contamination, removal of protective films that permanently contribute to value, or the use of sealing, adhesive, welding or fastening materials generally exceeds the inspection possible in a retail store, provided equivalent inspection could have been carried out without these measures.
9.3 Installed or operated tuning products frequently suffer substantial depreciation. Depending on installation marks, mileage, thermal exposure, inability to resell the product as new, refurbishment, inspection and packaging requirements, this loss in value may amount to 33 percent of the gross product value or more. The actual, demonstrable loss in value in each individual case remains decisive; no fixed minimum charge is agreed. The consumer expressly retains the right to demonstrate that no loss or a substantially lower loss occurred.
9.4 POGEA RACING documents condition, installation marks, completeness, functional inspection, refurbishment requirements and achievable resale value. Compensation is limited to the value of the goods and may be offset against the refund. Simply opening packaging and conducting a careful, necessary visual or dimensional inspection does not itself trigger compensation.
9.5 Costs independently incurred by the consumer for installation, removal, diagnosis, calibration, registration, vehicle transportation to a workshop, storage or replacement mobility are not included in the reversal of a purchase of non-defective goods following withdrawal and are not reimbursed. Mandatory claims relating to defects, particularly legally required removal and installation costs as part of remedy, remain unaffected.
10. DEFECT RIGHTS AND REMEDIES
10.1 Statutory rights relating to defects apply unless otherwise validly agreed below. A guarantee exists only where expressly declared and accompanied by guarantee terms.
10.2 The customer must make the goods available to POGEA RACING for inspection and remedy and must not incur avoidable third-party costs without giving POGEA RACING a reasonable opportunity to remedy the defect. Emergency measures to prevent significant danger and mandatory consumer rights remain unaffected.
10.3 Where a consumer installed or attached defective goods in accordance with their intended purpose before the defect became apparent, POGEA RACING reimburses, to the extent required by law, the necessary costs of removing the defective goods and installing or attaching the repaired or replacement goods. No general exclusion of these costs applies.
10.4 In the event of an unjustified defect complaint, POGEA RACING may claim necessary inspection and shipping costs only if the customer knew or negligently failed to recognize that no defect existed. Consumers retain the right to demonstrate the absence of fault.
10.5 For business customers, POGEA RACING selects the method of remedy. Claims relating to defects in new goods become time-barred one year after delivery, and claims relating to work services one year after acceptance, insofar as legally permissible. Claims relating to defects in used goods are excluded. Exceptions include fraudulent concealment, guarantees, recourse claims, construction-related cases, damages under Section 15 and other mandatory liability. Commercial merchants are subject to Section 377 of the German Commercial Code (HGB).
10.6 Statutory limitation periods apply to consumers. Any reduction of the limitation period for used goods requires a separate, express agreement following specific prior information and shall never reduce the period below one year from delivery.
11. ASSEMBLY, INSTALLATION, WORKSHOP AND CALIBRATION SERVICES
11.1 Assembly, installation, repair, programming, calibration or dynamometer services are included only if expressly commissioned and described in the order confirmation. The purchase of goods alone does not include installation, removal, vehicle transportation, approval inspections or registration.
11.2 The customer must fully disclose previous damage, third-party modifications, software versions, stored fault codes, hidden defects and any unusual vehicle conditions. The customer must provide a roadworthy and operationally safe vehicle together with the necessary keys, codes and documents. Additional work resulting from incorrect or incomplete information shall be charged reasonably following prior notification.
11.3 Cost estimates are non-binding unless expressly designated as binding. If it becomes apparent that the estimated amount will be substantially exceeded, POGEA RACING shall inform the customer and obtain their decision.
11.4 Replaced original or used parts shall be returned to the customer upon request made when placing the order, unless charged on an exchange basis, prohibited from release for safety or disposal reasons, or transferred into the ownership of a third party. Uncollected parts may be disposed of at the customer's expense after expiry of a reasonable additional collection period.
11.5 POGEA RACING is authorized to carry out necessary diagnostic, dynamometer, road-test and transfer drives and to engage qualified subcontractors for the commissioned work. Presentation to an inspection organization is included only if expressly commissioned. The competent inspection authority alone decides on approval or registration. Unless expressly agreed individually, POGEA RACING does not guarantee successful registration. If registration is refused, properly performed services and inspection fees remain payable. Any requested reversal of modifications must be commissioned and paid for separately, unless the refusal results from a defect attributable to POGEA RACING.
11.6 Multiple modifications and combinations with existing or subsequently installed third-party components may affect one another technically and in terms of regulatory approval. The customer must fully disclose all modifications. Product-specific approvals apply only to the combinations expressly identified therein. Approval or functionality of an untested overall combination is guaranteed only where expressly agreed.
11.7 Before handing over the vehicle, the customer must remove cash, data storage devices and valuables. POGEA RACING's liability for items not expressly accepted for safekeeping is governed by Section 15. Completed vehicles must be collected within seven calendar days of notification of completion. In the event of delayed acceptance, reasonable customary storage and external storage costs may be charged. Statutory rights remain unaffected.
11.8 POGEA RACING has a statutory lien and, insofar as legally permissible, a contractual lien over items in its possession to secure due claims arising from the order. For business customers, this also extends to undisputed or legally established claims arising from the business relationship.
12. ECU TUNING, CONTROL UNIT PROGRAMMING AND PERFORMANCE UPGRADES
12.1 This section applies to ECU calibration, software modifications, control unit programming, auxiliary control units, power and torque increases, maximum-speed adjustments, transmission software, individual calibration, software version modifications and associated dynamometer or measurement services. The contractual scope and permitted field of application are determined exclusively by the quotation and order confirmation.
12.2 Before commissioning work, the customer must fully and truthfully disclose mileage, maintenance and repair history, oil and fuel consumption, warning messages, stored fault codes, overheating, oil or coolant loss, accident and previous damage, known or suspected defects, previous or current software modifications, tuning boxes, third-party modifications, motorsport or track use and deviations from factory specification. Maintenance records, vehicle documents and existing approvals must be provided upon request.
12.3 Unless a more comprehensive vehicle inspection is expressly commissioned, POGEA RACING is required to perform only a customary plausibility check, visual inspection and basic electronic inspection within the agreed scope before optimization. This does not constitute a comprehensive inspection of the engine, transmission, compression, cylinder leakage, fuel system, exhaust system, cooling system or materials and cannot reliably exclude hidden, intermittent or subsequently emerging defects. A basic inspection without findings does not constitute a guarantee of the condition or durability of the entire vehicle.
12.4 POGEA RACING may refuse or suspend work or make it conditional upon additional diagnosis or repairs if warning signs, implausible measurements, inadequate maintenance, unsuitable hardware, safety-related defects or undisclosed modifications are identified. Additional work is performed only with the customer's approval. Diagnostic and labor costs incurred up to that point remain payable.
12.5 The customer acknowledges that increased power or torque may increase thermal and mechanical loads and wear, particularly affecting the engine, turbocharger, associated components, injection system, exhaust system, catalytic converter or particulate filter, cooling system, clutch, transmission, differential, driveshafts, brakes, tires and suspension, potentially reducing their service life. Manufacturer safety margins may be reduced. Fuel consumption, emissions, noise, maintenance requirements and insurance premiums may change.
12.6 POGEA RACING is not liable for damage or failures insofar as they are demonstrably attributable to existing wear, previous damage, unsuitable or undisclosed third-party modifications, inadequate maintenance, incorrect operating fluids, insufficient fuel quality, overheating, improper operation, failure to observe engine warm-up and cool-down procedures, overloading, motorsport, subsequent modifications by third parties or use contrary to the contract. Statutory rules concerning the burden of proof remain unaffected. POGEA RACING's liability for its own programming, advisory, diagnostic or workmanship errors is governed by Section 15. No general exclusion of liability is agreed.
12.7 Despite proper procedures, reading, unlocking and programming electronic control units involves unavoidable technical residual risks, particularly communication interruption, voltage drops, data loss, locking or failure of a previously damaged control unit. POGEA RACING implements appropriate industry-standard protective measures. POGEA RACING is liable where a breach of duty exists in accordance with Section 15. The customer bears the consequences of risks arising exclusively from pre-existing, undetectable defects within the component.
12.8 Power, torque and fuel consumption figures are binding only where expressly agreed as guaranteed characteristics. Dynamometer results represent measurements at a specific point in time and may vary depending on the testing procedure, dynamometer, temperature, atmospheric pressure, fuel, tires, vehicle condition, adaptation status and manufacturing tolerances. Dynamometer testing requires a vehicle that is operationally safe and suitable for testing. The customer confirms, in particular, the adequate condition and suitability of tires, wheels, drivetrain, fluid levels and fastening components insofar as defects are recognizable to the customer.
12.9 The customer is responsible for promptly obtaining required modification inspections, registrations and notifications to the registration authority and insurer unless these services have expressly been assumed by POGEA RACING. Until the necessary approval has been obtained, the vehicle must not be used on public roads. POGEA RACING does not perform emissions-related, noise-related or approval-related deactivations that violate legal requirements for public-road use.
12.10 Vehicle or manufacturer warranties, goodwill arrangements, leasing conditions and insurance coverage may be affected by modifications. POGEA RACING cannot guarantee their continued validity, as decisions rest with the respective manufacturer, warranty provider, leasing company or insurer. Any separately offered POGEA RACING warranty is governed exclusively by its specific warranty conditions.
12.11 Where a customer sends in a control unit, POGEA RACING performs individual programming, modification, calibration or other work on the control unit owned by the customer. Services may include reading, backing up, analyzing, unlocking, editing, adapting, programming, writing and checking data and software versions. The submitted control unit remains the customer's property and does not become goods supplied by POGEA RACING as a result of the work.
12.12 When a removed control unit is submitted, inspection of the associated vehicle is neither contractually included nor physically possible. POGEA RACING cannot assess the condition, wear or technical suitability of the engine, turbocharger, fuel supply, ignition system, cooling system, exhaust system, emissions aftertreatment, clutch, transmission, differential, drivetrain, brakes, sensors or vehicle electrical system. Even a plausibility check of the control unit or software data cannot reliably establish the vehicle's mechanical condition and does not constitute an assurance of suitability or freedom from defects.
12.13 Where a contract for work on a submitted control unit is concluded exclusively through distance communication, POGEA RACING begins work before expiry of the withdrawal period only if the consumer has expressly requested commencement before that period expires and separately acknowledged awareness that the right of withdrawal expires upon full performance of the service. Both declarations must be actively and separately provided before work begins, without preselected options. Without both declarations, POGEA RACING begins work only after expiry of the withdrawal period.
12.14 The service on the submitted control unit is fully performed once the agreed work has been completed, the modified software version has been installed or provided as agreed, any contractually required final inspection has been performed, and the control unit has been made available for return shipment or collection. Under the statutory conditions, the right of withdrawal then expires. Thereafter, the customer has no right to reversal or reimbursement merely because they no longer wish to use the software created in accordance with the contract or subsequently decide against the modification. Statutory rights relating to defects remain unaffected.
12.15 If the consumer withdraws before full performance, POGEA RACING shall discontinue further work insofar as interruption is technically possible and reasonable. Under the statutory conditions, the consumer owes reasonable compensation proportionate to the services already performed in relation to the agreed total scope. Such services may include order review, identification, data backup, reading, unlocking, data analysis, development, individual adaptation, programming and testing. Compensation shall not exceed the total agreed remuneration.
12.16 Following withdrawal, the control unit is returned in the technically achievable condition. Where restoration of the original software version is technically possible and requested by the customer, it must be paid for separately unless the restoration is necessary because of a breach of duty attributable to POGEA RACING. Shipping, diagnostic and other costs are charged only in accordance with statutory provisions and validly agreed cost arrangements.
12.17 POGEA RACING confirms the consumer's request for early commencement, acknowledgment of the consequences for withdrawal rights, specific service description and the date and time of the declarations on a durable medium. The evidence is retained in relation to the individual order.
13. CUSTOMER SPECIFICATIONS AND CUSTOM-MADE PRODUCTS
13.1 The customer is responsible for the accuracy of dimensions, data, designs, markings and specifications approved by them. Changes after production has commenced may result in additional costs and scheduling delays.
13.2 The customer warrants that they possess the necessary rights to any content and specifications supplied. Business customers shall indemnify POGEA RACING against justified third-party claims, including reasonable legal defense costs, insofar as the infringement is attributable to the customer.
14. OPERATING APPROVAL, REGISTRATION AND PRODUCT USE
14.1 The customer must observe product-specific installation, operating, maintenance and safety instructions and arrange installation by appropriately qualified personnel. Improper use may exclude or reduce claims only insofar as it caused the damage or defect.
14.2 Homologation documents, ABE, ECE/EC approvals and registration documents may be used only for the product, vehicle and territory specified therein. Modifications to emissions-related, noise-related or safety-related components may affect operating approval and insurance coverage. The customer is responsible for modifications made after the transfer of risk.
14.3 Natural characteristics of high-performance components, including thermal expansion, material-related discoloration, condensation or changes in sound, do not constitute defects insofar as they remain within expressly described, technically customary and reasonable limits and do not impair safety or agreed functionality.
15. LIABILITY
15.1 POGEA RACING has unlimited liability in cases of intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act, pursuant to an assumed guarantee and in all other cases of mandatory statutory liability.
15.2 In the event of a slightly negligent breach of a material contractual obligation, liability is limited to foreseeable damage typical of the contract at the time of contract formation. Material contractual obligations are those whose fulfillment enables proper performance of the contract and upon whose fulfillment the customer may regularly rely. Otherwise, liability for slight negligence is excluded.
15.3 These liability provisions apply correspondingly to legal representatives, employees and persons engaged to perform contractual obligations. Mandatory consumer rights and rights relating to defects remain unaffected.
16. DATA STORAGE DEVICES, SOFTWARE AND DIGITAL ELEMENTS
16.1 Where goods contain digital elements, statutory update and defect provisions apply. The customer must not modify protection mechanisms, signatures, control unit identities or approval data without authorization.
16.2 Services performed on submitted control units are subject to the special distance-selling procedure under Clauses 12.13 to 12.17. For other separately commissioned digital content or services, POGEA RACING likewise begins performance before expiry of the withdrawal period only following express consent or request and proper information. The right of withdrawal expires exclusively under the applicable statutory conditions.
17. APPLICABLE LAW, JURISDICTION AND CONSUMER DISPUTE RESOLUTION
17.1 German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another country, the protection afforded by mandatory provisions of that country remains unaffected.
17.2 For commercial merchants, legal entities under public law and special funds under public law, the registered office of POGEA RACING is the exclusive place of jurisdiction. POGEA RACING may also bring proceedings at the customer's general place of jurisdiction. Statutory jurisdiction rules apply to consumers.
17.3 POGEA RACING is willing to participate in consumer dispute resolution proceedings before the German Federal Universal Conciliation Body (Universalschlichtungsstelle des Bundes), operated by Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de. No reference is made to the former EU Online Dispute Resolution platform, as it was discontinued on July 20, 2025.
18. FINAL PROVISIONS
18.1 Amendments to these Terms and Conditions do not apply retroactively to contracts already concluded. Silence or continued use does not replace any legally required consent.
18.2 Should individual provisions be or become invalid, the remaining provisions shall remain effective. The invalid provision shall be replaced by the applicable statutory provision. Section 306 of the German Civil Code (BGB) remains unaffected.
SECTION A
WITHDRAWAL INSTRUCTIONS
A1. RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
For services, the withdrawal period is fourteen days from the date the contract is concluded. For goods, the withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, takes possession of the goods. Where multiple goods from a single order are delivered separately, the period begins upon receipt of the last item. Where goods are delivered in several partial shipments or pieces, the period begins upon receipt of the last partial shipment or piece.
To exercise your right of withdrawal, you must inform us, POGEA RACING GmbH, Ernst-Zimmermann-Str. 17, 88045 Friedrichshafen, Germany, telephone +49 7541 9817890, email agb@pogea-racing.com, of your decision to withdraw from this contract by an unequivocal statement, for example by letter or email. You may use the attached model withdrawal form, but this is not mandatory.
If the contract was concluded through our online user interface, you may additionally use the prominently displayed and continuously available “Withdraw from Contract” function during the applicable withdrawal period. After using the confirmation function, you will receive an electronic acknowledgment of receipt without undue delay.
To meet the withdrawal deadline, it is sufficient to send your notification before the withdrawal period expires.
A2. EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse all payments received from you, including the cost of the least expensive standard delivery option offered by us, without undue delay and no later than fourteen days after receiving your withdrawal notification. Additional costs resulting from your selection of a more expensive delivery method will not be reimbursed.
We shall use the same payment method for reimbursement as you used for the original transaction unless expressly agreed otherwise. You will not incur any fees as a result. We may withhold reimbursement until we have received the returned goods or you have provided evidence of their dispatch, whichever occurs first.
You must return or hand over the goods to POGEA RACING GmbH, Ernst-Zimmermann-Str. 17, 88045 Friedrichshafen, Germany, without undue delay and no later than fourteen days after notifying us of your withdrawal. The deadline is met if you dispatch the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods. For goods that cannot normally be returned by post due to their nature, return shipping costs within Germany are estimated at a reasonable maximum of EUR 450.00 per shipment or loading unit. For deliveries outside Germany, the actual or estimated amount will be communicated before you place your order.
You are liable for any diminished value of the goods only if it results from handling beyond what is necessary to establish their nature, characteristics and functioning. Installation, commissioning or use on public roads may result in substantial depreciation, which must be assessed individually and may amount to 33 percent of the product value or more, depending on its condition. No fixed minimum charge applies.
Costs independently incurred for installation, removal, diagnosis, calibration, registration, vehicle transportation, storage or replacement mobility are not reimbursed in the event of withdrawal from a purchase of non-defective goods. Statutory rights relating to defective goods remain unaffected.
If you requested that we begin providing a service during the withdrawal period, you shall pay a reasonable amount proportionate to the services already performed up to the time of withdrawal in relation to the total contractual scope, provided the statutory conditions for such compensation are met.
A3. EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose manufacture an individual choice or specification by you is decisive, or which are clearly tailored to your personal needs.
A4. EARLY EXPIRY OF THE RIGHT OF WITHDRAWAL FOR SERVICES
For a contract involving a paid service, your right of withdrawal expires upon full performance of the service if, before performance began, you expressly consented to our commencing the service before expiry of the withdrawal period and acknowledged that your right of withdrawal would expire upon our complete fulfillment of the contract.
SECTION B
MODEL WITHDRAWAL FORM
If you wish to withdraw from the contract, please complete this form and return it. Use of this form is not mandatory.
To: POGEA RACING GmbH, Ernst-Zimmermann-Str. 17, 88045 Friedrichshafen, Germany
Email: agb@pogea-racing.com
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods / provision of the following service (*):
Ordered on () / received on (): ______________________________________
Name of consumer(s): __________________________________________________
Address of consumer(s): _______________________________________________
Date: ____________________ Signature (only if submitted on paper): ____________________
(*) Delete as appropriate.
ANNEX C
DISTANCE CONTRACT CONFIRMATION FOR SUBMITTED CONTROL UNITS
FOR CONSUMERS SUBMITTING CONTROL UNITS AND REQUESTING COMMENCEMENT OF SERVICES BEFORE EXPIRY OF THE WITHDRAWAL PERIOD ONLY.
Order number: ______________________________ Date: ____________________
Control unit / Vehicle / VIN: ____________________________________________
C1. SUBJECT OF THE SERVICE
Commissioned programming, modification or calibration service:
The submitted control unit remains the property of the customer. POGEA RACING works exclusively on the control unit or its software data. Inspection of the associated vehicle is not included in this distance contract.
C2. EXPRESS REQUEST FOR EARLY COMMENCEMENT OF SERVICES
☐ I expressly request that POGEA RACING begin working on my submitted control unit before expiry of the statutory 14-day withdrawal period.
C3. ACKNOWLEDGMENT OF EXPIRY OF WITHDRAWAL RIGHTS AND COMPENSATION
☐ I acknowledge that my right of withdrawal expires once POGEA RACING has fully performed the commissioned programming, modification or calibration service. If I withdraw before full performance, I may be required to pay reasonable compensation for the services properly performed up to the time of withdrawal.
WITHOUT BOTH DECLARATIONS, POGEA RACING WILL NOT BEGIN WORK UNTIL THE WITHDRAWAL PERIOD HAS EXPIRED.
C4. NOTICE REGARDING UNKNOWN VEHICLE CONDITION
I acknowledge that, when a removed control unit is submitted, POGEA RACING cannot inspect the condition or technical suitability of the associated vehicle. In particular, the engine, turbocharger, fuel system, cooling system, emissions aftertreatment, clutch, transmission, drivetrain, sensors and vehicle electrical system cannot be examined.
I am required to fully disclose known previous damage, warning messages, stored fault codes, earlier software modifications, tuning boxes, third-party modifications, overheating, increased oil or coolant consumption and any other irregularities. POGEA RACING's liability for its own breaches of duty and mandatory statutory claims remains unaffected.
Mileage: ____________________ Last maintenance date / mileage: ____________________
☐ Warning message / fault code ☐ Oil / coolant loss ☐ Increased oil consumption ☐ Overheating
☐ Previous software modification / tuning box ☐ Third-party modifications ☐ Engine / transmission / turbocharger damage
Known irregularities, damage, modifications and previous software versions:
C5. CONFIRMATION
My information is complete and truthful. I have actively provided each of the declarations above. I received the withdrawal instructions and Terms and Conditions before making my declaration or was able to save them.
Place / Date: ______________________________ Customer: ______________________________
Customer signature: _______________________ POGEA RACING: __________________________
Version dated August 23, 2026 · Version 2.0