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Selling conditions

Selling conditions

Terms of Service Terms of Service of the online store ) the company Motoholders s.r.o.,Zahradnická 286/9,60300 Brno,CZ - hereinafter called Motoholders -

preamble

Motoholders operates for commercial purposes under the domain http://www.motoholders.com,www.motoholders.de,www.motoholders.cz  homepage. Motoholders offers customers on these websites products, mainly racing bike parts , for sale over the Internet.

§ 1 Scope and contractual basis

(1) All deliveries, services and offers by Motoholders are made exclusively on the basis of these General Terms and Conditions, a written order confirmation and a declaration of acceptance by Motoholders. These terms and conditions - as amended at the time of each order - form an integral part of all contracts that Motoholders concludes with its customers (hereinafter referred to as "Buyers"). Deviating conditions of the customer are not recognized, unless Motoholders expressly agrees to their validity in writing.

(2) Motoholders's sales personnel are not entitled to make verbal agreements with customers in connection with the ordering process that deviate from the order form or these General Terms and Conditions.

(3) The terms and conditions are written in english and can be loaded and printed by the customer in his main memory. On request, they can be requested in the above-mentioned address or under the e-mail address info@motoholders.cz in digital or written form. They are also handed over to the customer with each delivery of goods.

(4) The customer is a consumer, as far as the purpose of the ordered deliveries and services can be attributed predominantly neither his commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.

(5) The eligible address and the name of the authorized representatives of Motoholders can also be found in the invoice.

§ 2 Conclusion of contract

(1) The customer can select products from the assortment on the Motoholders website and enter them in the order form. With the button "Order" he makes a binding application for purchase. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "Accept terms and conditions" and thereby included in his application.

(2) Motoholders then sends the customer an acknowledgment of receipt by e-mail. The contract is only concluded by the declaration of acceptance by Motoholders, which is either sent with a separate e-mail or explained by sending the ordered goods.

(3) Illustrations or drawings contained in advertisements, brochures and other offer documents of Motoholders are only approximately authoritative insofar as the information contained therein has not been expressly designated by Motoholders as binding. The customer receives the relevant product description in printed form when the ordered goods are delivered to him.

(4) If the product designated by the customer in the order is only temporarily unavailable, Motoholders will inform the customer in the order confirmation as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, Motoholders is entitled to withdraw from the contract. Motoholders will immediately reimburse any payments already made by the customer.

§ 3 prices - shipping costs - payment - delivery times

(1) The prices of Motoholders include packaging costs and VAT. For delivery to EU countries the current VAT rates of the Czech Republic apply; for non-EU countries, the order value will be reduced by this amount. The customary import sales tax is to be borne by the customer.

(2) For packaging and shipping (shipping costs), the following costs will be charged separately:

International packages are calculated by weight and size.

(3) Motoholders delivers against prepayment or PayPal payment. For delivery against invoice all invoice amounts are to be paid at the latest 14 days after receipt of the invoice. Parcel shipping abroad is only possible against payment in advance by bank transfer or PayPal payment.

(4) All parts in stock will be shipped after receipt of payment. On the other hand, all not immediately deliverable items usually have 1-4 weeks delivery time.

(5) If the customer defaults on payment, Motoholders shall be entitled to demand interest at the rate of 5 percentage points above the respective base interest rate of the European Central Bank (ECB) from this date. Motoholders reserves the right to prove higher damages. For clients who are entrepreneurs, sentence 1 applies with the proviso that the default interest rate is 8 percentage points above the base rate.

 

----------------------------------------- Withdrawal You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period for a purchase contract is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of revocation, you have to contact us, company Motoholders,Zahradnická 286/9,60300 Brno,e-mail:info@motoholders.cz by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision, this Revoke contract, inform. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered by us have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send or hand over the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts: • Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, • Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery, • Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery, • Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery, or • Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

In the case of a cancellation of the entire order, we will refund the shipping and handling fee in full. In the case of a revocation of a part of an order, we will refund the shipping fee only if the revoked goods have actually incurred shipping costs. On which goods shipping costs account, we will show you at the time of purchase.

special instructions Your right of revocation expires prematurely, if the contract on our part was completely provided and the execution of the service was only started after you have given your explicit consent and at the same time have confirmed your knowledge of the fact that you lose your right of revocation in full performance of the contract by us.

- End of revocation -

§ 5 Implementation of the contract

(1) Motoholders will process orders within 48 hours and notify the customer if the requested products are available.

(2) delivery Insofar as the ordered products are available, Motoholders will send them within 1-10 working days of receipt of order and payment. In the case of special orders or custom-made products, the delivery time may be extended. All delivery dates or deadlines specified by Motoholders are only non-binding information, unless these have been expressly agreed as binding between the customer and Motoholders.

(3) If  culpably fails to comply with an expressly agreed period of grace or if Motoholders is in default for any other reason, the customer shall grant Motoholders a reasonable period of grace to effect the performance owed by Motoholders. If Motoholders lets this grace period pass without result, the customer is entitled to withdraw from the purchase contract.

(4) Motoholders is entitled to make partial deliveries and partial services at any time, provided that this is reasonable for the customer.

(5) The shipment of the goods is always by mail. If the customer wishes insured shipping, he must include this in his application by selecting the appropriate shipping method. The resulting additional costs are specified in the order form and must be borne by the customer.

(6) If we can not comply with binding delivery deadlines for reasons for which we are not responsible, in particular force majeure, labor disputes and other circumstances beyond the control of the seller (unavailability of the service), we will inform the buyer as soon as possible and if necessary foresee expected delivery date. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will reimburse immediately any consideration already provided by the buyer. As a case of unavailability of the service in this sense, in particular the non-timely self-delivery by our supplier, if we have a congruent hedging transaction. Our statutory rights of rescission and termination as well as the statutory provisions on the execution of the contract in the event of an exclusion of the obligation to perform (eg impossibility or unreasonableness of the service and / or supplementary performance) remain unaffected. Unaffected are also the Cancellation and termination rights of the buyer.

§ 6 Retention of title

The delivered goods (reserved goods) remain the property of Motoholders until full payment of all claims under this contract. Until this time, the reserved goods may not be pledged, assigned for security or burdened with other rights.

§ 7 Statutory warranty, warranty

(1) The provider shall be liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff BGB, whereby the statutory liability for defects is initially limited to supplementary performance. The supplementary performance is at the option of the customer by elimination of the defect or delivery of new goods. During the supplementary performance, the customer is not entitled to reduce the purchase price or to withdraw from the contract. If Motoholders has tried the rework twice in vain, it is considered as failed. If the repair has failed, the customer is entitled, at his option, to reduce the purchase price or to withdraw from the contract.

(2) A warranty exists for the goods delivered by the supplier only if this was explicitly stated in the order confirmation for the respective article.

(3) In particular, liability may be excluded in the case of:

- Material defects caused by damage, incorrect connection, incorrect installation or incorrect operation by the customer. This remains Proof of professional installation by a specialist company reserved. - poor lighting properties due to non-existing or limited existing - compatibility with other parts, unless this is expressly assured - Impairment of the operation due to external influences - Subsequent change of the compatibility conditions - damage caused by force majeure, eg. B. Lightning - Damage due to the use of unsuitable fuels, currents or similar - Defects due to wear due to overstressing of mechanical parts - reduced properties in case of contamination - Damage due to improper handling

(4) If the customer is an entrepreneur iSd. § 14 BGB, the following additional provisions apply:

(5) Obvious defects must, however, be reported within 10 working days after commissioning, otherwise the seller is exempted from the liability for defects.

(6) Claims and rights due to defects in the intervention of the customer or third parties do not expire if the customer disproves a correspondingly substantiated claim by Motoholders that the interference with the device caused the defect.

(7) In the case of material defects or defects of title, the seller may fulfill the supplementary performance claim of the buyer at his discretion by rectifying the defect or by delivering a defect-free item. In case of impossibility of repair or delivery Motoholders grants the possible form of supplementary performance.

§ 8 Liability

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.

(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

(5) Motoholders is also liable within the framework of a guarantee of quality and / or durability, provided Motoholders has provided such with regard to the delivered item. If damage occurs which is based on the fact that the quality or durability guaranteed by Motoholders is lacking and if such damage is not directly attributable to the goods delivered by Motoholders, Motoholders shall only be liable if the risk of such damage is evident from the nature and Shelf life warranty is included.

(6) Motoholders expressly points out that the installation of special parts for racing motorcycles can lead to the expiry of the operating permit on public roads. The operation of vehicles without a license on public roads may possibly entail regulatory and administrative consequences.

§ 9 offsetting; lien

You are only entitled to offset against our claims if your counterclaims have been legally established, we have recognized them or if your counterclaims are undisputed. This also applies if you assert claims for defects or counterclaims. As a buyer, however, you may exercise a right of retention if your counterclaim is based on the same purchase agreement.

§ 10 Service Hotline

 

(2) Motoholders will respond promptly to customer inquiries regarding orders already placed regarding changes, extensions and / or limitations of the product scope. Insofar as the customer wishes to change, extend and / or limit the product up to 5 working days before the planned delivery, Motoholders will take this into account as far as possible.

§ 11 Privacy

(1) The provider collects data from the customer as part of the processing of contracts. He observes the regulations of the Federal Data Protection Act and Teleservices Data Protection Act. Without the consent of the customer, the provider will only collect, process or use the customer's inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.

(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.

(3) The customer has the opportunity at any time to retrieve the data stored by him under the button "my data" in his profile, to change or delete it. Incidentally, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed on the provider's website at any time via the "Privacy" button in printable form.

 

§ 13 Information on Online Dispute Resolution

From 15 February 2016, the EU Commission will provide a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can then be reached via the external link http://ec.europa.eu/consumers/odr/ .

§ 14 Final Provisions

(1) Contract language is English.

(2) The law of the Czech Republic shall apply to contracts between us and our customers, excluding the UN Sales Convention.

(3) Should any provision of these conditions be or become wholly or partially invalid, the remaining conditions shall remain in effect. In this case, the contracting parties shall be obliged to interpret and design the provisions in such a way that the success achieved with the void or legally invalid parts is achieved as far as possible.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.

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