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Conditions of Use

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General Terms and Conditions of Bayer Motorradhandel - Version 2/2017

1. Scope of application

a) For all reciprocal claims arising from and in connection with the conclusion of a contract between Bayer Motorradhandel and the customer in the case of mail order, these General Terms and Conditions shall apply exclusively in their version valid at the time of the respective contract conclusion.

 Otherwise, the statutory provisions apply.

b) Identity of the contracting party: The contract is concluded with Bayer Motorradhandel, unless expressly stated otherwise.
Address:
Kirchstr.13
72534 Hayingen

Tel: +49 7386/9755393
Fax: +49 7386/9755394

Info@bmwbayer.de

Owner: Georg Bayer. In the following named the provider.

C) Deviating general terms and conditions of the customer are rejected.

§ 2 Condition of the contract

a) The presentation of the goods in the internet shop does not represent a binding offer of the supplier to conclude a purchase contract. The customer is hereby only prompted to make an offer through an order.

b) If the customer makes use of the online order form of the supplier for his order, he will submit his offer as follows:

On the supplier's product offer page, the customer clicks the "Add to Cart" button in the first step. A page will open automatically, indicating the content of the shopping cart.

Now, the customer clicks directly - or after he has placed more goods in the virtual shopping cart - in the second step click on the button "To checkout".

A login window will open.

If he is already registered as a customer, he completes the fields "E-mail address" and "Password" and then clicks the "Login" button.
If he is not already registered as a customer, he fills in the form below.
If he clicks on the "Next" button, a new page opens, where the delivery address is displayed and an alternative delivery address can be added if necessary.
This page also shows the shipping costs.

If the customer clicks on the "Next" button, a new page opens on which the invoice address is displayed and, if necessary, an alternative invoice address can be added.
In addition, the customer can choose the method of payment on this page.
If the customer clicks on the "Next" button, he can see a complete overview of the delivery address, invoice address, shipping method and method of payment.
In addition, the customer will be informed of the items he has placed in the shopping basket, including the individual price and the total price including VAT, shipping costs, and any costs incurred for COD and payment on account.
These can be changed again at this point.

In addition, the customer has to confirm his offer by clicking on the boxes:
"I have read and accepted the terms and conditions"
"I have read the information on my right of revocation", to confirm the terms of the offerer as well as the information on the right of revocation of the customer.

Now, in a final step, the customer clicks the button "Order for payment".

c) By submitting the order in the Internet shop, the customer issues a binding offer on the conclusion of a purchase agreement on the goods contained in the shopping basket. By sending the order, the customer also recognizes these terms and conditions as decisive for the legal relationship with the supplier alone.

d) The supplier confirms the receipt of the order of the customer by sending a confirmation e-mail. This confirmation of order does not represent acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier.
A purchase contract only comes about by the fact that the acceptance of the offer is expressly stated in a corresponding acceptance e-mail.

3. Retrievability and storage of the contract text

The contract text is stored by the provider.
Upon conclusion of the purchase agreement, the customer receives a confirmation of the purchase made by e-mail.
In this e-mail is the contract text, thus all data of the order of the customer as well as the terms and conditions of the offerer. A further call for the contract text is not possible for the customer. This can be re-handed to the customer upon request.

4. Reservation of title

a) Until full payment, the goods remain the property of the supplier.
b) Exchange of providers for carrying out an order of the customer
The ownership of the products withdrawn shall be transferred to the supplier and the ownership of the delivered products with the fulfillment of the customer's claims against the customer.

5. Payment terms / payment modalities

a) Payment of the purchase price is due upon conclusion of the contract.
b) The payment of the goods is by direct debit, cash on delivery, by credit card, by PayPal, payment on account with Paypal or in cash.
c) The customer is only entitled to the set-off right if his counterclaims
Have been legally established or are undisputed.
d) The customer can only exercise a right of retention only if his counterclaim is based on the same contractual relationship.


6. Delivery times of the goods

a) The delivery time is 10 calendar days from the conclusion of the contract.


7. Shipping charges / risk transfer

a) The shipping costs are indicated to the customer under the internal link "shipping and shipping costs". The shipping costs depend on the total weight of the ordered goods and the destination country of the order.

Within the framework of the ordering process, the shipping costs are displayed as part of the "Delivery address" order step, as these are calculated according to the country of delivery, and on the complete overview page before the completion of the order process.
 
b) The risk is passed to the customer, the entrepreneur, as soon as the consignment has been handed over to the transporting undertaking or has left the supplier's warehouse for dispatch.
 If the shipment is made impossible by no fault of the supplier, the risk is transferred to the customer, the entrepreneur, with the declaration of readiness for dispatch.
This also applies if the shipping costs are borne by the supplier.

8. Warranty

The statutory warranty period of two years applies.
This does not include the warranty period for used items, which is limited to one year.
Otherwise, the statutory provisions apply.

9. Prices, terms of payment

a) The prices are final prices in Euro and contain the VAT valid on the day of the invoice. If a statutory increase in value-added tax is made after the offer has been submitted, the provider is entitled to calculate the increased value-added tax. In addition to the net price for the goods, the prices for all additional services are indicated on the invoice: packaging, shipping, the respective VAT, etc.

b) Payment obligations of the customer against the supplier shall be fulfilled within 14 days from the conclusion of the contract.
The customer first receives an invoice in electronic form together with the declaration of acceptance by the provider.
An invoice in paper form is left to the customer after the delivery of the goods by separate mail

10. Returns agreement, right of withdrawal, revocation sequences, exclusion of revocation right

Agreement on the cost of the costs: If you use as a consumer within the meaning of § 13 BGB of your right of revocation, you have to bear the regular costs of the return if the delivered product corresponds to the ordered and if the price of the returned item does not amount to 40 Euro Or if you have not provided the consideration or a contractually agreed partial payment at a higher price of the goods at the time of the revocation.
 Otherwise, the return is free for you.

Right of withdrawal

Right of revocation for consumers in the sense of § 13 BGB

You can revoke your contract declaration within 14 days without giving reasons in text form (eg letter, fax, e-mail) or - if the thing is left before the deadline - by returning the item.

The period begins upon receipt of this instruction in text form but not before receipt of the goods by the consignee (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirements pursuant to Article 246 § 2 in conjunction with § 1 para (1) and (2) of the German Civil Code and our obligations pursuant to § 312 g (1) sentence 1 BGB in conjunction with Article 246 § 3 of the German Civil Code.

The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period.

The revocation must be sent to:

Bayer Motorcycle Trading

Owner: Georg Bayer
( copy to Clipboard )
72534 Hayingen

Fax: +49 7386/9755394
Email: info@bmwbayer.de

Revocation Sequence

In the case of an effective revocation, the services received at both ends must be returned and any benefits (eg interest) drawn. If you can not or do not return or receive the received performance as well as usages (e.g., advantages of use) in a deteriorated condition, you must provide us with this information. This may mean that you must nevertheless fulfill the contractual payment obligations for the period up to the cancellation. For the deterioration of the goods and for drawn uses you have to make a decade of sales, as far as the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the function. "Testing the properties and functioning" means testing and testing the respective goods, as is possible and customary in the store business.

Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered product corresponds to the ordered and if the price of the returned item does not exceed an amount of 40 Euro or if you at a higher price of the thing at the time of the revocation not yet the consideration or a Contractually agreed partial payment. Otherwise, the return is free of charge. Non-package items will be collected from you. Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation or the thing, for us with their receipt.

Special instructions:
In the case of a service, your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.

End of revocation

Exclusion of revocation

The right of revocation does not apply to distance sales contracts

- for the supply of goods which are manufactured according to customer specifications or which are clearly tailored to the personal requirements or which are not suitable for a return or which can be quickly spoiled or whose expiry date would be exceeded,
- for the supply of audio or video recordings or software, as long as the delivered data carriers have been unsealed by the consumer, or
- for the delivery of newspapers, magazines and magazines.

11. Jurisdiction

If the contractual partner is Kaufmann within the meaning of the Handelsgesetzbuch, a legal person of public law or a public special fund, the District Court of Muensingen or Landgericht Tübingen is the exclusive court for all disputes arising directly or indirectly from the contractual relationship.

12. Choice of law

German law applies to the legal relations of the contracting parties, without the reference norms of international private law and under the exclusion of the UN purchase law. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected.

13. Contractual Language

The contract language is German.

14. Privacy Policy

By placing an order, the customer agrees that the data transmitted by him to the supplier within the framework of his order is stored internally by him. The data of the customer serve exclusively for the execution of his order. A transfer of data, i. Name and address of the customer, is only sent to the company commissioned by the supplier within the framework of the dispatch.

In addition, the customer's data such as card number and validity period or account number, account holder and bank code are transmitted in encrypted form when purchasing by credit card or direct debit. The data transmission is encrypted using 128-bit SSL, thus eliminating the decryption of the transmitted data.

There is no transfer of data to other third parties.

Exceptions for this are for the purpose of enforcement of claims and creditworthiness checks.

Information on online dispute settlement

The EU Commission provides a platform for online dispute settlement on the Internet at: http://ec.europa.eu/consumers/odr

This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
 
 We have been part of the "FairCommerce" initiative since 15.02.2017.
 For further information, please visit www.fair-commerce.com.

 

D6 / 5020 - Version 2/2017

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