Terms and Conditions of Motobicycles-36 UG
1. General, clientele, language
(1) All offers, sales contracts, deliveries and services resulting from orders placed by our customers via our online shop www.motobicyles.com (hereinafter the "Webshop"), including orders by telephone, e-mail, fax or by post, are governed by these terms terms and conditions.
(2) The product range in our webshop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these terms and conditions,
(i) a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to their commercial nor their independent professional activity (§ 13 of the Civil Code BGB) and
(ii) an "entrepreneur" is a natural or legal person or a legal partnership that, upon conclusion of the contract, acts in the exercise of its commercial or independent professional activity (§ 14 para. 1 BGB).
(3) Terms and conditions of the customer do not apply, even if we do not separately contradict their validity in individual cases.
(4) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language page or non-German-language pages of the Webshop. If the customer orders via our German-language website, only the German version of these terms and conditions shall apply accordingly. If the order is placed via our non-German-speaking websites, only the English version of these general terms and conditions shall prevail.
2. Conclusion of Contract
(1) Our offers in the webshop are not binding.
(2) By placing an order in the webshop (which requires the acceptance of these terms and conditions), the customer makes a binding offer to purchase the product in question. The customer is bound to the offer until the expiration of 14 on the day of the offer following calendar days. We are entitled to accept the offer within this period.
(3) We will promptly send to the customer upon receipt of the offer confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (via email) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Each customer who is a consumer is entitled to withdraw the offer in accordance with the special cancellation and return policy communicated to him together with the confirmation of receipt of his offer and to return the goods.
3. Prices and payment
(1) Our prices include the legal value added tax, but not shipping costs, customs duties and similar charges, the customer has to bear.
(2) Unless otherwise expressly agreed, we deliver only against payment in advance (in the manner indicated on the order form), each against a bill (which can be sent by e-mail and may also be included in our acceptance).
(3) The customer is not entitled to any right of set-off or retention, unless the counterclaim is undisputed or legally established.
4. Shipment of the goods
(1) We will send the goods to the customer at the latest by the time of placing the order on the respective offer page (date of handover of the goods by us to the shipping company), which is only approximately valid and therefore exceeded by up to two working days may be. In the absence of a delivery date, goods deemed to be "IMMEDIATELY" will be dispatched no later than the fifth working day (subject to a clearance allowed under paragraph 2) and all other goods within three weeks. This period applicable for the determination of the shipping date begins in each case, (a) if delivery is agreed in advance, on the day of receipt of the full purchase price (including sales tax and shipping costs) or (b) if payment by cash on delivery or on account agreed on the day the conclusion of the purchase contract.
(2) If the goods are marked as "IMMEDIATELY" when the offer is placed by the customer in the webshop and the delivery is made in advance, we will keep the goods in stock within a period of five working days after our acceptance of the offer; if payment does not reach us within this period, we are entitled to sell the goods at any time. In this case, the shipment within the specified period of five working days only, while stocks last. Otherwise, a period of three weeks from receipt of payment is deemed agreed for the shipment.
(3) In the event that our supplier does not deliver goods that were not marked as "IMMEDIATELY" when ordering by the customer on the supply side in the webshop or sold out according to paragraph 2, the delivery will be extended according to paragraph 1 and 2 relevant deadline for delivery by our supplier plus two working days, but not exceeding a period of three weeks. The prerequisite for this extension is that we reorder the goods immediately and are not responsible for the delay in delivery by our supplier.
(4) If, for any of the reasons stated in paragraph 3, the goods are not or not available on time, we will immediately notify the customer. In these cases, we will make an individual agreement with the customer regarding the delivery date. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will refund the customer's payments made to us immediately. The statutory rights of the customer due to default in delivery are not affected by the above provision, whereby the customer can only demand compensation for damages according to special provision of Section 8 of these General Terms and Conditions. If the goods are permanently not available, we refrain from a declaration of acceptance. A contract is not concluded in this case.
(5) If we fail to meet a delivery date, the customer must set us a reasonable grace period, which may not be less than one week.
(6) We are entitled to partial deliveries of separately sourced products included in an order, with the additional shipping charges incurred.
5. Shipping, insurance and transfer of risk
(1) Unless otherwise expressly agreed, we will determine the appropriate shipping method and carrier at our discretion. We bear the shipping risk if the customer is a consumer.
(2) We owe only the timely, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. A shipping time stated in the webshop is therefore not binding.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.
(4) The shipping costs are to be borne by the buyer. You include the costs of a transport insurance we take out against the usual transport risks. The corresponding shipping costs are indicated to the customer in the order form.
(5) In the case of a cancellation, the customer has to bear the regular costs of the return, if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40,00 or if the customer is entitled to a higher price Date of withdrawal has not yet delivered the consideration or a contractually agreed installment.
6. Retention of Title
(1) We reserve the title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the product in question.
7. Warranty, guarantee
(1) If the delivered goods are subject to a material defect, the customer can demand from us first of all the elimination of the defect or delivery of faultless goods.
(2) We can refuse the buyer's choice of cure if it is possible only at disproportionate cost.
(3) If the supplementary performance according to section 7 fails or is unreasonable for the customer or we refuse subsequent performance, the customer shall be entitled to rescind the purchase contract, reduce the purchase price or demand damages or reimbursement of his or her futile expenses in accordance with the applicable law. For claims of the customer for damages also the special provisions of the number 8 of these General Terms and Conditions apply.
(4) The statutory warranty period is two years from delivery, if the customer is a consumer, otherwise twelve months from delivery.
(i) The warranty does not apply to damage caused by improper or improper use according to the areas of application for the respective product, as shown on our website
Neglect of the product (inadequate care and maintenance)
Changes to the product;
Installation and conversion of additional components not expressly approved by us or replacement of the components installed by us on delivery by non-identical components;
or overstressing of other kind.
(1) Our liability for negligence (excluding gross negligence) is limited to (10)% of the relevant purchase price (including VAT) in the event of late delivery.
(2) We are not liable (for whatever legal reason) for damages which are typically not to be expected according to the type of the respective order and the goods and with normal use of the goods. The above limitations of liability shall not apply in the case of intent or gross negligence.
(3) Claims for damages of the customer due to obvious material defects of the delivered goods are excluded, if he does not notify us of the defect within a period of two weeks after delivery of the goods.
(4) The restrictions of this section 8 do not apply to our liability for guaranteed characteristics iSv. § 444 BGB, for injury to life, body or health or according to the Product Liability Act.
(1) We may process and store the data relating to the respective sales contracts, as far as this is necessary for the execution and execution of the purchase contract and as long as we are obliged to store this data due to legal regulations.
(2) We reserve the right to transmit personal data of the customer to credit bureaus, as far as this is necessary for the purpose of a credit check, provided that the customer hereby expressly agrees in individual cases. Otherwise, we will not forward personal customer data to third parties without the expressly agreed consent of the customer, except insofar as we are legally obliged to disclose data.
(3) The collection, transmission or other processing of personal data of the customer for purposes other than those mentioned in this section 10 is not permitted.
10. Applicable law
(1) The existing between us and the customer purchase agreement is subject to mandatory international private law provisions of the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.
Cancellation policy & cancellation form
Consumers are entitled to a right of withdrawal in accordance with the following conditions, whereby consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed activities:
A. Cancellation policy
You have the right to withdraw within fourteen days without giving a reason this contract.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must contact us (Motobicycles-36 UG (limited liability), Dieffenbachstr. 34, 10967 Berlin, Germany, Tel .: 030 69819089, Fax: 49 30 6981 64 25, email: firstname.lastname@example.org) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
They bear the direct costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value has occurred due to a deterioration of the quality, characteristics and functioning of the goods.
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
B. Withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
Motobicycles-36 UG (limited liability)
Fax: 49 30 6981 64 25
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) ____________ / received on (*) __________________
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate