Conditions of Use
printGeneral Terms and Conditions of Bayer Motorradhandel version 2/2024
1. Scope of application
a) These General Terms and Conditions shall apply exclusively to all mutual claims arising from and in connection with the conclusion of a contract between Bayer Motorradhandel and the customer at the mail order business in their version valid at the time of the respective contract. Our German General Terms and Conditions apply. These were translated into other languages by GOOGLE TRANSLATOR. However, only the German version applies.
In addition, the statutory regulations apply.
b) Identity of the contractual partner: 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-bayermotor.de
Owner: Georg Bayer. The following are the provider.
c) Deviating General Terms and Conditions of the Customer are rejected.
Section 2 Conclusion of the contract
a) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is thereby only asked to submit an offer by means of an order.
We reserve the right to small deviations and technical changes to the products images or descriptions. Illustrations are NOT always binding, and sometimes show accessories which are not included. In case of doubt, the detailed description in the article text applies.
b) If the customer uses the online order form of the provider for his order, he will submit his offer as follows:
On the supplier's range of goods page, the customer clicks on the "Add to basket" button in the first step. A page will automatically open, which displays the contents of the shopping cart.
Now the customer clicks directly or after having placed further goods in the virtual shopping cart, in the second step on the button "Checkout".
Now a window opens for registration.
If he is already registered as a customer, he fills in the fields "E-mail address" and "Password" and then click on the "Login" button.
If he is not yet registered as a customer, he fulfills the form underneath.
If it clicks on the "Next" button, a new page opens on which the ship-to address is displayed and an alternative ship-to address can be added if necessary.
The shipping costs are also displayed on this page.
If the customer clicks on the “Next” button, a new page opens, on which the billing address is displayed and an alternative billing address can be added if necessary.
In addition, the customer can choose the payment method on this page.
If the customer clicks on the button “Next” shows him a complete overview of the delivery address, billing address, shipping method and payment method.
In addition, the customer will be shown to the customer the items placed in the shopping cart with the naming of the unit price and the total price including VAT, shipping costs, as well as any costs for cash on delivery and payment on account.
These can be changed again at this point.
Furthermore, the customer must check the box by clicking on the customer:
“I have read and acknowledged the terms and conditions” and
"I have read the information about my right of withdrawal" confirmation, the terms and conditions of the provider as well as the information on the customer's right of withdrawal.
Now the customer clicks on the button "Order payment requiring payment" in a last step.
c) By sending the order in the Internet shop, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as solely relevant to the legal relationship with the provider.
d) The provider confirms the receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the offer of the contract by the provider. It is only for the customer to inform the customer that the order has been received by the provider.
A purchase contract is only concluded when the acceptance of the offer is expressly declared in a corresponding acceptance e-mail.
3. Retrievability and storage of the contract text
The text of the contract is stored by the provider.
The customer receives a confirmation about the purchase made by e-mail upon conclusion of the purchase contract.
This e-mail contains the text of the contract, thus all data of the customer's order and the terms and conditions of the provider. A further retrieval of the contract text is not possible for the customer. This can be left to the customer again if requested.
4. Reservation of title
a) Until full payment, the goods remain the property of the provider.
b) If the supplier exchanges products for the execution of an order of the customer, the ownership of the withdrawn products shall pass to the supplier and the ownership of the products delivered instead with the fulfilment of the claims to which the customer is entitled against the customer with the exchange of rights.
5. Payment date/payment modalities
a) The payment of the purchase price is due upon conclusion of the contract.
b) The payment of the goods is made by direct debit, cash on delivery, by credit card, via PayPal, payment by payment with Paypal or in cash.
c) The customer is only entitled to set-off if his counterclaims
were established or are undisputed.
d) The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
6. Delivery and shipping conditions
6.1 Unless otherwise agreed, the delivery of goods shall take place on the shipping route to the delivery address specified by the customer. When the transaction is processed, the delivery address stated in the order processing of the seller is decisive.
6.2 If the delivery of the goods is responsible for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs of sending the customer effectively exercises his right of withdrawal. In the case of the customer, the provision made in the sake of revocation in the seller's notice of revocation applies to the return costs in the customer.
7. Shipping costs/registration
a) The shipping costs are shown to the customer under the internal link “Delivery and shipping costs”. The shipping costs depend on the total weight of the ordered goods and on the country of destination of the order.
During the ordering process, the shipping costs are displayed as part of the order step "Specification of the delivery address", since these are calculated according to the respective country of delivery, and on the entire overview page before the ordering process is completed.
b) The risk shall pass to the customer who is an entrepreneur as soon as the shipment has been handed over to the transporting company or has left the warehouse of the provider for dispatch.
If shipping becomes impossible through no fault of the provider, the risk shall pass to the customer who is an entrepreneur by notification of readiness for dispatch.
This also applies if the shipping costs are borne by the provider.
8. Warranty
The statutory warranty period of two years applies.
This does not apply to the warranty period for used items, which will be limited to one year.
In addition, the statutory regulations apply.
9. Prices, payment terms
a) The prices are final prices in euros and include the VAT applicable on the day of invoicing. If a statutory VAT increase is made after submission of the offer, the provider is entitled to calculate the increased VAT rate. In addition to the net price for the goods, the prices for all supplementary services are shown on the invoice: packaging, shipping, the applicable VAT, etc.
b) Payment obligations of the customer to the provider shall be fulfilled within 14 days from the conclusion of the contract.
The customer will first receive an invoice in electronic form together with the provider's declaration of acceptance.
An invoice in paper form will be provided to the customer by separate mail after the goods have been sent
10. Electrical/electronic components are only retained unused. Electrical/electronic components assembled for testing and testing purposes are not taken back.
11. The customer must insure himself against their correctness before the assembly of the ordered goods. Parts damaged by the customer are excluded from the exchange or return. Delivered goods must be checked within 14 days of receipt. After that, no return or complaint is possible.
12. Return cost agreement, right of revocation, consequences of revocation, exclusion of the right of withdrawal
Agreement on wearing costs: If you use your right of withdrawal as a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have to bear the regular costs of return if the delivered goods correspond to the ordered.
Otherwise, the return is free of charge for you.
Revocation policy
Right of revocation for consumers within the meaning of Section 13 BGB
You can file your contractual declaration within 14 days without giving reasons in writing (e.g. Letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods.
The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to Article 246 Section 2 in conjunction with Section 1 para. 1 and 2 EGBGB and our obligations pursuant to Section 312 g para. 1 sentence 1 BGB in conjunction with Article 246 Section 3 of the German Civil Code.
The timely dispatch of the revocation or the item is sufficient to meet the revocation period.
The revocation is to be sent to:
Bayer Motorcycle trade
Owner: Georg Bayer
Kirchstraße 13
72534 Hayingen
Fax: +49 7386 /9755394
Email: info-bayermotor.de
Consequences of revocation
In the event of an effective revocation, the services received by both sides are returned and, if necessary, derived benefits (e.g. Interest) release. Can you provide us with the service received and uses (e.g. Use benefits) do not or partially return or only yield in a deteriorated condition, you must pay us compensation for the value. This may mean that you must nevertheless meet the contractual payment obligations for the period up to the revocation. For the deterioration of the thing and for the benefits derived, you must only pay compensation if the uses or the deterioration is due to a handling of the thing that goes beyond the examination of the properties and functioning. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and usual in the retail store, for example.
Parcel shipping items must be returned at your risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.
Special notes:
In the case of a service, your right of withdrawal expires prematurely if the contract has been fully fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the cancellation policy
Exclusion of revocation
The right of withdrawal does not exist for distance contracts
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or which are not suitable for a return due to their nature or can spoil quickly or whose expiry date would be exceeded,
- for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer or
- for the delivery of newspapers, magazines and magazines.
11. Jurisdiction
Insofar as the contractual partner is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the local court is Münsingen or. Regional Court of Tübingen exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
12. Legal choices
German law shall apply to the legal relationships of the contracting parties, without the reference standards of international private law and to the exclusion of the UN Sales Convention. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
13. Contract language
The contract language is German.
14th. Data protection
With his order, the customer agrees that the data transmitted by the latter as part of his order to the provider will be stored internally by the latter. The customer's data is used exclusively for the processing of his order. A transfer of data, i.e. The name and address of the customer is only carried out within the scope of dispatch to the company commissioned by the provider.
Furthermore, when purchasing by credit card or direct debit, the customer's data such as card number and validity period or Account number, account holder and bank code encrypted. The data transmission is encrypted via SSL with 128 bits, which excludes the decryption of the transmitted data.
Data is not passed on to other third parties.
Exceptions to this end exist for the purpose of claiming enforcement and credit checking.
Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We have been a member of the "FairCommerce" initiative since 15.02.2017.
For more information, please visit www.fair-commerce.de.
D6/5024 – version 2/2024
