Terms and Conditions

Conditions

General Terms and Conditions and Customer Information

(As of April 25, 2024)

General terms and conditions and customer information of Motocologne

A. General Terms and Conditions

§ 1 Scope, Customers

  1. These General Terms and Conditions (GTC) apply to all business relationships between Motocologne, legally represented by Manuel Hering, Deutzer Straße 74, 53859, Niederkassel and its customers in the version valid at the time the contract is concluded. Differing, conflicting or supplementary GTC of the customer will only become part of the contract if Motocologne has expressly agreed to their validity.
  2. The company's customers can be consumers or entrepreneurs. Consumers within the meaning of Section 13 of the German Civil Code (BGB) are natural persons who conclude a legal transaction for a purpose that is predominantly neither related to their commercial nor to their independent professional activity. Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent activity.
  3. Deliveries are made within Germany and possibly internationally.

§ 2 Offers and conclusion of contract

  1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. The contract is concluded when Motocologne accepts the customer's offer. The offer is accepted by an express confirmation or by sending the goods.
  2. The customer can place an order via the Motocologne website. The customer will receive a confirmation of receipt of the order, which does not, however, constitute acceptance of the contract.
  3. The contract is concluded when Motocologne expressly accepts the customer’s contract offer within 5 days or ships the ordered goods.

§ 3 Terms of payment and prices

  1. The payment terms include advance payment, credit card, PayPal or instant bank transfer. The payment period is usually 14 days after conclusion of the contract.
  2. The prices quoted include VAT. Shipping costs may also apply and are stated on the website.

§ 4 Shipping costs and import duties

  1. The shipping costs will be communicated to the customer before completing the order.
  2. For deliveries to countries outside the EU, import duties may be incurred, which the customer must bear.

§ 5 Default in payment

  1. If the customer defaults on payment, he must pay default interest at the statutory rate.
  2. The company reserves the right to take legal action after unsuccessful reminders.

§ 6 Delivery, shipping in multiple packages

  1. Delivery will be made to the address provided by the customer. If the customer specifies an alternative delivery location, the risk will be transferred to the customer after delivery there.
  2. Motocologne may deliver goods in multiple packages, provided this is reasonable for the customer.

§ 7 Delivery times The regular delivery time is 3 to 5 working days after receipt of the order or receipt of payment in advance.

§ 8 Transfer of risk

  1. In the case of entrepreneurs, the risk of accidental loss or accidental deterioration of the goods passes to the buyer upon handover to the freight forwarder or another person designated for dispatch.
  2. For consumers, the risk is only transferred to the customer when the goods are handed over.

§ 9 Retention of title

  1. The goods remain the property of Motocologne until full payment has been made.
  2. The customer must inform the company immediately in the event of any seizure or other impairment of the goods.

§ 10 Right of withdrawal

  1. Consumers have a statutory right of withdrawal of 14 days. Details of the right of withdrawal and the conditions for returns can be found on the website.
  2. Consumers must bear the costs of return.

§ 11 Warranty and liability Warranty and liability are governed by the statutory provisions.

§ 12 Data protection

  1. Motocologne undertakes to treat personal data confidentially and not to pass it on to third parties, except in the context of contract execution.
  2. Further information on data protection can be found in the privacy policy on the website.

§ 13 Final provisions, place of jurisdiction, severability clause

I. The legal relationship between the customer and the company is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If the provisions of the state in which a customer, who is a consumer, has his or her habitual residence, provide for protection for consumers that does not exist under German law, these provisions shall apply to the legal relationship between this customer and the company.

II. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf. The same applies if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is not known at the time the action is brought.

III. The company is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor does the company offer participation in such a procedure.

IV. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

V. Contracts can be concluded in German or English.

B. Customer information

  1. Information about the identity of the seller

    • Moto Cologne
    • Deutzer Strasse 74, 53859, Niederkassel
    • Managing Director: Manuel Hering
    • Email: Infomotocologne@gmx.net
    • Website: www.Motocologne.de

  2. Information about the statutory right of withdrawal

    • Consumers have a right of withdrawal of 14 days. Details can be found on the website and in the cancellation policy.

  3. Information on the conclusion of the contract

    • The contract is concluded when Motocologne accepts the customer's contract offer, either by express confirmation or by dispatch of the goods.

  4. Information on payment and delivery

    • The available payment methods are credit card, PayPal, advance payment and instant bank transfer.
    • The delivery time is usually 3 to 5 working days.

  5. Information on storing the contract text

    • The contract text is saved and can be sent to the customer upon request.

  6. Information about technical steps leading to the conclusion of the contract

    • Customers can place an order through the website by adding the desired products to the shopping cart and completing the order process. Detailed steps can be found in the Terms and Conditions.

  7. Information about the available languages

    • The contract can be concluded in German or English.

  8. Information on statutory liability for defects

    • Customers are entitled to the statutory liability for defects in goods. Details about customer service can be found on the website.

  9. Information on data protection

    • Further details on data protection can be found in the privacy policy on the website.

Here is the adapted cancellation policy for "Motocologne" as well as the other relevant information about payment and delivery conditions, storage processes and more. Changes and adjustments are based on your draft and serve as a template. Remember to carefully check all legal aspects and seek legal advice if necessary.

2. Information on the statutory right of withdrawal for consumers

Right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.

To exercise your right of withdrawal, you must inform us (Motocologne, [insert address], [insert email address]) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the deadline.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from choosing a delivery method other than the cheapest standard delivery), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. You will not incur any additional costs as a result of the refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to [Motocologne, insert address] promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the deadline has expired. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling which goes beyond checking the quality, properties and functioning of the goods.

Additional customer information:

3. Information on the essential characteristics of the goods The essential characteristics of the goods can be found in the product descriptions in the Motocologne online shop.

4. Information on the conclusion of the contract A contract is concluded when you place an order and Motocologne accepts this order. Details on the conclusion of the contract can be found in the General Terms and Conditions.

5. Information on payment and delivery The available payment methods are advance payment, credit card, PayPal, direct bank transfer and others. Further details can be found in the general terms and conditions. Shipping costs are displayed before completing the order.

6. Information about technical steps leading to the conclusion of the contract The conclusion of a purchase contract takes place through offer and acceptance. You put products in the shopping cart, go to checkout, enter the required data and confirm the purchase by clicking the "Buy" button. You can find detailed instructions on our website.

7. Information on storing the contract text The contract text is stored and can be sent on request. You can find an overview of your orders in your customer account if you have registered.

8. Information about the technical means to detect and eliminate input errors Before completing an order, you can correct your entries by using your input devices (keyboard, mouse). Before submitting the order, an overview of all data is displayed, which you can check and correct. An order process can be canceled by closing the browser.

9. Information about the languages ​​available for concluding the contract The conclusion of the contract and communication with customer service can take place in German or English.

10. Information about statutory liability for defects in goods and customer service Customers have statutory liability for defects in goods. Details can be found in the General Terms and Conditions and in the Customer Service section of the website.

11. Information on data protection Motocologne's data protection practices comply with applicable laws. For more information, please see the privacy policy on our website.

12. Information on gift vouchers Vouchers can be redeemed in the online shop or in the stores. Vouchers are non-transferable and cannot be redeemed for cash. Further information on the terms and conditions for vouchers can be found on the website.

Liability and risk of loss
* MotoCologne accepts no liability for spelling errors in the voucher recipient's email address. MotoCologne also accepts no liability for loss, theft, misuse or delayed delivery (for example due to technical difficulties) of gift vouchers.

Fraud

* In the event of fraud, attempted deception or if there is reasonable suspicion of other illegal activities in connection with a gift voucher purchase or voucher redemption, MotoCologne is entitled to close the relevant customer accounts and/or request an alternative payment method. There is no entitlement to activation or payment of affected vouchers that were not properly purchased in our online shop or in one of our branches.
Do you have any further questions? You can contact our customer service at Infomotocologne@gmx.net or by calling the number provided on the website. Don't forget to have your voucher code or the corresponding order number to hand.

Bonn, 25 April 2024