AGB
General Terms and Conditions
§1 Applicability
Any business relationship which is established between us and a customer for the purpose of the customer placing orders is exclusively governed by the following General Terms and Conditions in force at the time when the order is placed.
§2 Contract partners, signing of contract
The purchase contract is concluded with Wendel Motorräder GmbH.
The product information displayed on our online-shop pages is not binding nor does it constitute a legally binding offer. Our offers are subject to prior sale and pricing errors are possible. Only the euro prices quoted on our Internet shop pages apply. All prices stated there are recommended retail selling prices, applicable VAT included, plus the delivery and shipping flat rate which is indicated on our shop pages.
You may add products to your shopping cart without any obligation and adjust your entries at any time before you place a binding order. A binding order is placed by clicking the ‘buy now’ button which may also be labelled “kostenpflichtig bestellen” or “order with obligation to pay”.
Immediately afterwards, an order confirmation will be sent to you by e-mail, such mail not yet constituting acceptance of the contract.
The order is finally confirmed and accepted after a separate statement of acceptance has been sent by e-mail or after delivery of the goods within 5 days. If no such statement of acceptance is sent by this deadline, the order has not been accepted.
§3 Delivery, shipping costs
As a general rule, we will ship your entire order, provided the items are in stock, in a single shipment within 24 hours after receipt of an order. Upon shipment of the goods ordered, the sales contract for these goods shall be deemed to have been validly concluded under these General Terms and Conditions.
If all or any parts of the goods ordered are not in stock, we shall inform you accordingly.
The final costs of shipment of the goods you have ordered will be displayed on the relevant web page before a binding order is placed.
In some circumstances deliveries abroad may be subject to additional customs duties. For more information please contact your local customs authority.
Please indicate your customer reference number – if known – when placing the order.
Orders of EUR 160.00 or more will be shipped free of shipping charges/postage paid within Germany. (Orders placed by resellers must be worth EUR 500.00 or more in order to qualify for free shipment).
The goods ordered will usually be sent by mail/DHL parcel post to the invoice or delivery address indicated. No orders will be sent poste restante or c/o P.O. boxes. Deliveries may be made to a packing station if you let us know its number and your post number.
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A. d. Ü.: In der (Verbraucherrechte-) Richtlinie 2011/83/EU heißt es: „…ist diese Schaltfläche oder entsprechende Funktion gut lesbar ausschließlich mit den Worten „zahlungspflichtig bestellen“ oder einer entsprechenden eindeutigen Formulierung zu kennzeichnen, die den Verbraucher darauf hinweist, dass die Bestellung mit einer Zahlungsverpflichtung gegenüber dem Unternehmer verbunden ist.“ - “…labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader.”
§4 Modes of payment
- Bank transfer
If you wish to pay in advance, you will receive an order confirmation after placing the order. In this confirmation, you will find our bank information and details on the total invoice amount for your order including shipping and packaging costs. Any bank charges incurred shall be borne by the customer.
Please bear in mind that deliveries abroad may possibly be subject to additional customs duties. For more information please contact your local customs authority.
- PayPal
In the course of the ordering process, you will pay the invoice amount without additional charges. Then you will be redirected to the PAYPAL website in order for you to authorize payment. After this, you will be directed back to our shop page so that you can finalize your purchase.
- Credit card
Payments by credit card are possible with VISA or Mastercard (as of 01.01.2018).
- Cash on delivery (only within Germany)
For goods posted cash on delivery (COD), you shall, in addition to the invoice amount, pay the COD charges – currently EUR 5.60 directly to the postman.
§5 Retention of title
Until payment in full has been made, we retain title to the goods delivered, without exception.
§6 Withdrawal clause
You may withdraw from the contract within 14 days without giving a reason.
The withdrawal period is 14 days and shall commence upon receipt of the goods by the customer (where recurring deliveries of similar goods are concerned, not before receipt of the first partial delivery).
You may exercise your right of withdrawal by sending us an unambiguous statement (letter sent by mail, telefax or e-mail) informing us of your intention to withdraw from the contract.
For this purpose you may, if you wish so, use our model withdrawal form or send us an informal message to this effect.
The deadline for withdrawal is deemed to be met if notification that you have exercised your right of withdrawal is sent before expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall immediately be obliged to reimburse you, at the latest within 14 days of receiving notification of your withdrawal from the contract, for all payments you have made to us including delivery costs (except for those costs resulting from your decision to chose a different mode of delivery instead of the most economical standard solution offered by us). Reimbursement is made using the same mode of payment as used in the original transaction unless explicitly agreed otherwise. Under no circumstances will you be charged with any reimbursement fees. We may withhold reimbursement until we have received the returned goods or until you have provided proof of having returned the goods, whichever occurs first.
You shall return the goods immediately and on all accounts within 14 days, at the latest, of informing us of your intention to withdraw from the contract. The goods shall be sent or handed over to:
Wendel Motorräder GmbH
Wilsnacker Strasse 35
10559 Berlin.
The deadline deems to have been met if the goods are dispatched before expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods if such diminished value has resulted from your handling of the goods in a manner above and beyond what was necessary to ascertain the nature, properties and functioning of the goods.
§7 Warranty
- Your order is subject to the applicable legal provisions. Pursuant to these, you as the buyer are entitled to subsequent performance, free of charge, in order to make good for items which are defective at the time of delivery. This may take the form of remedying the defects or of subsequent delivery of flawless items, i. e. the defective goods will be repaired without difficulties or will be fully replaced. If you have opted for a form of subsequent performance which would cause disproportionate costs, we are entitled to refuse this form of performance and to choose an alternative one unless this entails disproportionate costs as well.
- The warranty period for new goods is two years, for used goods it is one year provided the buyer is a private customer. Warranty for used goods is excluded if the buyer is a business person. The warranty period commences upon receipt of the goods by the customer. This warranty shall be without prejudice to section 478 German Civil Code (sellers’ right of recourse against their supplier).
- Our liability to pay compensation – for whatever legal reason (in particular for delayed or defective delivery) – is limited to typical foreseeable types of damage. This limited liability does not apply to cases of intentional behaviour or gross negligence, to guaranteed qualities, injury of life, body or health or to liability pursuant to the German Act on Product Liability.
§8 Consumer information on distance contracts for the purchase of goods
We are not subject to any specific codes of conduct not yet mentioned in the preceding clauses.
For information on both the main features of the goods on offer and the terms of validity of temporary offers, please refer to the individual product descriptions on our Internet pages.
All contracts are exclusively concluded in the German language.
Following conclusion of the contract, you will automatically receive an e-mail with further information on how to proceed with fulfilment of the contract.
Complaints and warranty claims are to be sent to:
Wendel Motorräder GmbH
Wilsnacker Strasse 35
10559 Berlin
For information on payment, delivery and contract fulfilment please see the offer you have received from us. When you visit our Internet shop, you will be informed, as part of the ordering process, about how to identify and correct input errors.
§9 Miscellaneous
German law applies to the contract relationship between the customer and us as well as to the terms of business on which this relationship is based. If the customer is a private consumer, the legal provisions and rights in favour of the customer pursuant to legislation in force in the customer’s country of abode remain unaffected by this agreement. Application of UN purchase right shall be excluded.
If the customer is a merchant in the sense of the German Commercial Code or a corporation under public law, the sole legal venue shall be the place where our registered office is domiciled, with the Local Court there [Amtsgericht] having exclusive jurisdiction.
§10 Severability
In the event of individual provisions of this contract being or becoming legally ineffective in part or as a whole, this shall not affect the validity of the remaining provisions of the contract.
Amended: 26.03.24 Printing mistakes and errors excepted.