General Terms and Conditions of Motorradventure.shop
§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders you place with the online shop of the
Motorcycle Venture MV Ltd.
At bat 1B
35580 Wetzlar
Managing Director: Louis Beurdeley
make.
(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18.
(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of a customer's General Terms and Conditions that contradict our General Terms and Conditions is hereby expressly rejected.
(4) The language of the contract is exclusively German.
(5) You can find the currently valid General Terms and Conditions on the
Website www.motorradventure.shop retrieve and print.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is an non-binding invitation to order goods in the online shop.
(2) By clicking the button ["Order now with payment obligation" / "buy"], you are making a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is formed by the confirmation of receipt.
not yet come about.
(4) A purchase contract for the goods is only concluded when we explicitly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you – without a prior explicit acceptance declaration.
§ 3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website at www.motorradventure.shop
§ 4 Payment Terms; Default
(1) Payment can be made optionally via Visa, Mastercard, Amex, immediate transfer, Shopify Pay, Apple Pay, Google Pay, and Paypal.
(2) The selection of the available payment methods is at our discretion. We particularly reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
(3) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account occurs at the time we ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we will request PayPal.
"to initiate the payment transaction. Further instructions will be provided during the ordering process. The payment transaction will be automatically processed by PayPal immediately afterwards."
§ 5 Set-off/Right of Retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the delivery of the goods will be made from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We are exceptionally not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent coverage transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that you have informed us of this circumstance immediately by email.
Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event of unavailability of the goods, we will promptly refund any payments already made. We do not assume the risk of having to procure an ordered good (procurement risk). This also applies to the ordering of goods that are only described by their type and characteristics (generic goods). We are only obligated to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following additionally applies:
- We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
- You are allowed to resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total. We accept the assignment, but you are authorized to collect the claims. If you do not fulfill your payment obligations properly, we reserve the right to collect the claims ourselves.
- In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
- We commit to releasing the securities due to us upon request to the extent that the realizable value of our securities exceeds the secured claims by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Right of Withdrawal Information
"In the event that you are a consumer within the meaning of § 13 BGB, meaning that you are making the purchase for purposes that are predominantly not attributable to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions."
Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you
"The third party named by you, who is not the carrier, has taken possession of the goods."
To exercise your right of withdrawal, you must inform us
Motorcycle Venture MV Ltd.
At bat 1B
35580 Wetzlar
+49 (0)6441 56 97 96 1
"by means of a clear statement (e.g. a letter sent by post, fax, or email) informing us of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires."
Consequences of the revocation
If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day we receive the notification of your revocation of this contract. For this refund, we will use either a bank transfer or a PayPal transfer at our discretion. In no case will you be charged fees for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return the goods without delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract, to us or to
Motorcycle Venture MV Ltd.
At bat 1B
to return or to hand over. The deadline is met if you send the goods before the expiration of the fourteen-day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling them in a way that is not necessary for checking their nature, characteristics, and functioning.
Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To
Motorcycle Venture MV Ltd.
At bat 1B
35580 Wetzlar
0049 157 32579798
"I/We hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):"
Ordered on (*)/received on (*)
Invoice number:
Name of the consumer:
Address of the consumer(s):
Signature of the consumer (only for notification in paper form)
Date
(*) Strike out what does not apply.
End of the cancellation policy
(1) The right of withdrawal does not apply to the delivery
- of goods that are not pre-fabricated and for whose production an individual choice or specification by the consumer is significant or that are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),
- sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
- of goods, if these were inseparably mixed with other goods after delivery due to their nature,
- of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- from newspapers, magazines, or illustrated publications, except for subscription contracts.
(2) Please avoid damage and contamination. Please return the goods to us in the original packaging with all accessories and all packaging components if possible. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
(3) Please send us an email at order@motorradventure.eu or call us at +49 (0)6441 56 97 96 1 before returning to announce the return. This way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport Damage
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the carrier and contact us as soon as possible.
(2) The failure to make a complaint or contact has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of purchase law (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods - deviating from the statutory provisions - is one year. This limitation does not apply to claims for damages arising from injury to life, body, or health, or from the breach of a fundamental contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely (cardinal obligation), as well as for claims for other damages based on intentional or grossly negligent breaches of duty by the user or their vicarious agents.
(3) Furthermore, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own specifications and the product description of the manufacturer are binding for the nature of the goods, not public promotions and statements or other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with the necessary care for quality and quantity deviations and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery. In case of violation of the inspection and notification obligation, the assertion of warranty claims is excluded.
- In the case of defects, we provide warranty at our discretion through rectification or replacement (subsequent performance). In the event of rectification, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of performance, unless the transportation does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can choose to demand a reduction or withdraw from the contract.
- The warranty period is one year from the delivery of the goods.
§ 10 Liability
(1) Unlimited Liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, and health of individuals.
(2) Furthermore, the following limited liability applies: In cases of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages that were foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
'The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders initially without involving a court. The dispute resolution platform can be found at the external link' http://ec.europa.eu/consumers/odr/ reachable.
"We are committed to amicably resolving any disagreements arising from our contract. Furthermore, we are not obligated to participate in a mediation process and, unfortunately, cannot offer you participation in such a process."
§ 12 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the other provisions shall not be affected.
(2) German law shall exclusively apply to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law, or a public law special fund, our place of business shall be the court of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: December 2021
DATA PROTECTION NOTES
We are pleased about your interest in our website. The protection of your privacy is very important to us. Below, we provide you with detailed information on how we handle your data.
You can visit our websites without providing any personal information. We only store access data in so-called server log files, such as the name of the requested file, date and time of the retrieval, amount of data transferred, and the requesting provider. This data is evaluated solely to ensure the uninterrupted operation of the site and to improve our services, and it does not allow us to draw any conclusions about your identity.
We collect personal data when you voluntarily provide it to us in the context of your order, when contacting us (e.g., via contact form or email), or when opening a customer account. The data collected can be seen in the respective input forms. We use the data you provide for contract processing and handling your inquiries. After the complete processing of the contract or deletion of your customer account, your data will be blocked for further use and deleted after the expiration of the tax and commercial law retention periods, unless you have expressly consented to further use of your data or we reserve a further data use that is legally permitted and of which we inform you below. Deleting your customer account is possible at any time and can be done either by sending a message to the contact option described below or through a designated function in the customer account.
"To fulfill the contract, we will pass your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods. For the processing of payments, we will pass the necessary payment data to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the payment service you selected during the ordering process."
If you subscribe to our newsletter, we will use the necessary data or any additional information you provide to send you our email newsletter regularly. You can unsubscribe from the newsletter at any time, either by sending a message to the contact option described below or through a designated link in the newsletter.
To make visiting our website attractive and to enable the use of certain features, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, that is, after you close your browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser during your next visit (persistent cookies). You can set your browser to be informed about the setting of cookies and to decide individually on their acceptance or to exclude the acceptance of cookies for specific cases or in general. If you do not accept cookies, the functionality of our website may be limited.
This website uses Google Analytics, a web analytics service of Google Inc.www.google.de). Google Analytics uses so-called "cookies", text files that are stored on your computer and allow for an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a server of Google in the USA and stored there. In the case of activation of IP anonymization on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a server of Google in the USA and shortened there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activities, and provide other services related to website usage and internet usage to the website operator. The IP address transmitted by your browser within the framework of Google Analytics will not be merged with other data from Google. You can prevent the storage of cookies by adjusting the settings of your browser software; however, we would like to point out that in this case you may not be able to use all the features of this website to their full extent.
"You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link:" http://tools.google.com/dlpage/gaoptout?hl=de
"As an alternative to the browser plugin, you can click this link to prevent the collection by Google Analytics on this website in the future. An opt-out cookie will be stored on your device. If you delete your cookies, you will need to click the link again."
When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook. The content of the plugin is transmitted directly from Facebook to your browser and embedded in the page. Through this embedding, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted directly from your browser to a server of Facebook in the USA and stored there.
If you are logged into Facebook, Facebook can directly associate your visit to our website with your Facebook profile. If you interact with the plugins, for example by clicking the "Like" button or leaving a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and shown to your Facebook friends.
"Please refer to Facebook's privacy policy for the purpose and scope of data collection, as well as the further processing and use of data by Facebook, along with your rights and options for protecting your privacy:" http://www.facebook.com/policy.php
"If you do not want Facebook to directly associate the data collected through our website with your Facebook profile, you must log out of Facebook before visiting our site. You can also completely prevent the loading of Facebook plugins with add-ons for your browser, e.g., with the 'Facebook Blocker'.https://addons.mozilla.org/de/firefox/addon/facebook-blocker/) or the script blocker "NoScript" (http://noscript.net/).
"If you have given us your explicit consent during or after your order by activating a corresponding checkbox or clicking a designated button, we will use your email address to remind you to submit a review of your order through the rating system we use. This consent can be revoked at any time by sending a message to the contact option described below."
You have the right to free information about the data stored about you with us, as well as, if applicable, the right to correction, blocking, or deletion of this data. If you have questions regarding the collection, processing, or use of your personal data, requests for information, correction, blocking, or deletion of data, as well as the withdrawal of granted consents or objections to a specific use of data, please contact us directly using the contact details in our imprint.
