General Terms and Conditions / Buyer's Guide
General Terms and Conditions of MV Motorrad-Technik Gmbh
§ 1 Scope of Contract
For a contract with MV Motorrad-Technik GmbH, the following general terms and conditions in the relevant version at the time of ordering are exclusively valid. Differing conditions of the customer will not be accepted by MV Motorrad-Technik GmbH unless specifically confirmed in writing. The same shall apply to any agreement setting aside.
The contract language is German.
§ 2 Contract Conclusion
By placing your order, you place a binding offer to conclude a contract with you. First, you will receive a confirmation of the receipt of your order by e-mail which will be sent to the specified e-mail address (order confirmation). However, a purchase contract only takes place with the dispatch of our order confirmation e-mail to you or with the delivery of the ordered goods.
§ 3 Prices and Shipping Charges
All prices in our online catalogue are including the VAT valid at the time of shipment of the goods.
The shipment will be arranged by UPS. We invoice the actual shipping charges. The shipping cost are exactly displayed in the order process before the legally binding purchase. If desired, a different shipping method can arranged in advance in writing with the buyer.
Unless you make use of a right of withdrawal, you have to bear the regular costs of the return. This also applies, if at the time of revocation you have not yet made a compensation or a contractually agreed partial payment.
§ 4 Withdrawal Instruction and Sample Form
Below you will find an information about the conditions and consequences of the statutory right of withdrawal for shipping orders. A beyond the law contractual concession of rights is not involved. In particular, commercial resellers don not have the statutory right of withdrawal.
Instruction of Right of Revovation
Right of Revocation
You have the right to withdraw this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days starting with the date on which you or a third party named by you - which is not a carrier – has taken possession of the last goods or the last delivery or the last piece.
To exercise your right of revocation you must inform us, MV Motorrad-Technik GmbH, Monika Verholen, Energiestr. 3, 41751 Viersen, tel.: 0049 (0) 21 62 - 32 5 64, telefax: 0049 (0) 21 62 - 34 5 82, E-Mail: firstname.lastname@example.org, of your decision to withdraw from this contract by means of a clear statement (eg. mail, fax or email). You may use the below listed sampel withdrawal form which is however not mandatory. In order to observe the revocation period it is sufficient that you send your communication concerning the exercise of the withdrawal before the withdrawal deadline.
Effects of Revocation
If you withdraw from this contract, we will return all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen another type of delivery other than the favourable standard delivery offered by us) immediately and at latest within fourteen days from the date on which the notice your cancellation of this contract is received by us. For this return payment, we use the same method of payment that you used for the initial transaction, unless we explicitly agreed we you otherwise; in any case you will not be charged fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have proven evidence that you have returned the goods, whichever is the earlier.
In any case, you immediately have to return the goods to us but not later than fourteen days from the date on which you notified us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days.
You bear the cost pertaining with the returning of the goods.
You only need to pay for any diminished value of the goods, if the deterioration in value due to a not necessary to ascertain the nature, characteristics and functioning of the goods is to be lead back to.
Sample Form for Revocation
Sample Form for Revocation
(If you would like to withdraw the contract, please fill in the form and return it:)
MV Motorrad Technik GmbH
Fax: 02162/ 34582
I/we (*) herewith withdraw the contract concluded by me/us (*) for the purchase of the following goods:
(Here, please describe the goods exactly)
Ordered on … (*)/received on… (*)
Name of consumer:
Address of consumer:
Signaturie of consumer (only in case of written form):
Date and place:
(*) Please delete as applicable.
Exceptions of the Right of Revocation
There are statutory exemptions from the right of withdrawal (§ 312g para. 2 BGB). Thus you can not undo the distance contract, if the goods you ordered was made according to your wishes or clearly tailored to your personal needs and can be otherwise not be sold due to the disposal of for your needs in mind, or only with an unreasonable discount the distance contract.
Furthermore, your firstly existing right of withdrawal will laps in case
- contracts for sealed goods which are unsuitable to return due to reasons of health protection or hygiene, in case the seal has been removed after delivery
- contracts for the supply of goods, in case they have been mixed inseparably with other goods after delivery,
- contracts for the supply of audio or video recordings or computre software in a sealed package, if the seal has been removed atfer delivery
this seal was removed after delivery
End of Right of Revocation
The revocation is not applicable for the shipment of goods which have been produced according to customer's specification or are an explicit product made according to the customer's special requirements or goods which are not possible to return due to the condition of the goods or because they are rapidly spoiled or their date of expiry was exceeded.
The handling of return shipments is only possible, in case the products reach us complete and in original condition (not disambled or assembled etc.). For this reason our parts are packed in see-through packages to check them without opening the package.
Otherwise, we reserve the right to retain up to 10 % for placing back in to storage.
Please do not dispatch freight collect.
§ 5 Payment Conditions
Payment shall be made in advance made in advance by bank tranfer, by invoice, direct debit, credit card, American Express, Visa or Mastercard or Paypal or cash on delivery. We reserve the right to exclude particular methods of payment. If you choose to pay in advance, we will provide the bank details in the order confirmation. The invoice amount is to be paid within 10 days to our account.
§ 6 Shipment and Transfer of Risk
Shipments are arranged by UPS ex MV Motorrad-Technik GmbH to the shipping address stated by the customer. The goods have to be inspected for transport damage immediately upon receipt through the customer or his agent. Ascertained transit damage must be reported immediately in writing. The customer has to get a written confirmation about the packageing damages upon acceptance of the goods by the transport company.
§ 7 Retention on Title
Shipped merchandise remains property of MV Motorrad-Technik GmbH until all receivables based on the contract owned by MV Motorrad-Technik GmbH are settled.
§ 7 Defects as to Quality
Concerning the customer’s claims of defects as to quality the legal terms are valid.
§ 9 Duty of Secrecy
The MV Motorrad-Technik GmbH is entitled to collect the personal data required for the business relationship of the buyer / the Buyer to store and to process and disclose to third parties, to the extent necessary to perform the contract.
§ 10 Disclaimer
The liability of MV Motorrad-Technik GmbH or the company’s vicarious agents as well as their personal liability based on contractual or legal regulations is excluded for negligently. Irrespective of a default by MV Motorrad-Technik GmbH, the liability remains untouched in case of intentional conduct of a defect, in case of guaranty or procurement risk.
§ 11 Final Clause
The contracts concluded with us are subject in all cases to German law, even if the order of the and/or delivery are made in foreign countries. The United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods shall not apply.
Place of performance and place of jurisdiction, insofar as legally otherwise specified, Viersen.
For all present and future claims arising from the business relationship with merchants, exclusive jurisdiction is our registered office. The same place of jurisdiction applies if the buyer has no general jurisdiction in Germany, has moved to a domicile or habitual residence abroad or if his residence or habitual residence at the time the action is not known.
If any individual contract provisions are invalid, this shall not affect the validity of the remaining provisions.
MV Motorrad-Technik GmbH
Conditions as of June 2014 - Mistakes and misprints reserved.