§ 1 Scope, customer information
The following general terms and conditions shall govern the contractual relationship between FC-Moto GmbH & Co. KG and consumers purchasing goods via our online shop. Contract language is German.
§ 2 Conclusion of contract
§ 3 Customer data: Storage of your order information
Your order, including details regarding the agreed contract (e.g. type of product, price, etc.) will be stored by us. We will be sending you our T&C with your order confirmation, but you can also review our T&C at any time after contract conclusion via our website.
As a registered customer, you will be able to review your order history via the customer login area (My customer account).
§ 4 Customer data: Corrections
You can edit and modify your input at any time before submitting your order by clicking the “Delete” button. We will point out other opportunities to make corrections throughout the order process. Alternatively, you can abort the order process entirely by simply closing your browser window.
§ 5 Retention of title
(1) We retain ownership of all delivered goods until the purchase price has been paid in full. During the period of title retention, the customer must not sell the goods (in the following: “reserved products”) or in any other manner dispose of the ownership of said reserved goods.
(2) In case of third-party access – specifically bailiffs – to the reserved products, the customer shall identify the reserved goods and notify us immediately to allow us to enforce our property rights.
(3) In case of a breach of contract on the part of the customer, specifically with regards to payment default, we shall be entitled to demand a return of the reserved products, provided we have cancelled the contract.
§ 6 Statutory warranty rights
§ 7 Liability limitation
We exclude any liability for duties breached due to slight negligence, provided these do not refer to contract-relevant duties, damage from injury to life, body or health, or any warranties or claims covered by product liability legislation. The same shall apply for breaches of obligation perpetrated by our agents or legal representatives. Contract-relevant duties include specifically the obligation to hand over the object and to transfer ownership to the customer. We are furthermore obligated to procure the goods for you free from physical or legal claims.
§ 8 Transport damage
Where goods are delivered with visible transport damage, please notify the carrier immediately and contact us as soon as possible. Failing to notify a claim or getting in contact with us will not carry any repercussions regarding your statutory warranty rights. By doing so, you will, however, help us to assert our own claims against the carrier or the transport insurer.
§ 9 Returns & exchange
(1) You can return the delivered goods without stating a reason within 30 days. The returns period begins with the receipt of the goods and with this instruction.
(2) We can only accept postage prepaid returns.
(3) The right to returns is limited to our online shop only. Please make sure to include our returns slip for any returns or goods exchanges.
(4) Returns cost outside the EU.
During the package delivery the customer has the option to choose between DTU (unpaid) or DTP (paid). At DTU, the customer only accepts the pure return costs. DTP includes both the return and customs fees. Should the customer choose DTU; to bear these costs individually, depending on the consignment.
In the case of parcels that pass through the customs, it is imperative that the content be identified. Therefore, please enclose a copy of the invoice with the package and attach another copy on the outside of the package stating that it is a return shipment. Consignments that are marked under value, without invoice or without return reason are automatically returned to the sender.
Should you have decided to make a credit memo for your return, this amount will be deducted from the credit amount. If you would like an exchange, you will receive a payment request from us within the next days. As soon as we have received the outstanding amount from you, we will immediately proceed with your exchange process.
§ 10 Cancellation policy
(1) Cancellation right
You have the right to cancel this contract within 30 days without stating a reason.
The cancellation period is thirty days from the date you or a third party named by you and who is not the carrier have/has taken possession of the final goods delivery.
In order to exercise your cancellation right, you must notify us (FC-Moto GmbH & Co. KG, Aachener Str. 21-23, 52146 Würselen, Germany, firstname.lastname@example.org, +49 2405 49500 50, +49 2405 49500 51) by way of a clear declaration in writing (e.g. a registered letter, a fax message or an email) of your decision to cancel the contract. You can use the sample cancellation form provided, but its use is not mandatory.
It will suffice to send your notification of exercising your right to cancellation within the given cancellation period.
(2) Results of cancellation
Should you cancel this contract, we will be obligated to refund all payments received from you minus the shipping costs (with the exception of additional costs incurred by you due to choosing another type of delivery than the lowest cost standard delivery offered by us) without delay and latest within fourteen days of the day on which we have received your cancellation notification. We will use the same payment method as the one via which we originally received your payment for the refund, unless a different payment method was specifically agreed; under no circumstances will you be charged fees for the refund. We have the right to withhold the refund until we have received the goods from the cancelled contract or until you have submitted proof that the goods are on their way back to us. You will be obligated to ship or hand back in person the goods from the cancelled contract without delay or in any case within fourteen days of the day on which you have notified us of the cancellation. The deadline shall be deemed met if you send off the goods before the end of the fourteen day period.
You will be liable for the immediate costs of the goods return.
You will only be charged for a loss of value of the goods if the deterioration is due to any handling of the goods on your part beyond the usual verification of the condition, characteristics and function of the goods.
(3) Exclusion of the cancellation right
No cancellation right exists for contracts
- for the delivery of non-standard goods, for the manufacture of which a specific selection or requirement of the consumer is mandatory or which are manufactured for the unique and specific requirements of the consumer.
- for the delivery of newspapers, magazines and illustrated publications with the exception of subscription contracts.
(4) Premature lapse of the cancellation right
The cancellation right shall lapse prematurely for contracts
- for the delivery of audio and video recordings or computer software in sealed packaging, where the seal was removed after delivery.
Sample cancellation form
Please fill out this form and send it back to us if you wish to cancel your contract with us.
§ 11 Online dispute resolution (ODR)
Dispute resolution procedure
We are neither prepared, nor obligated to participate in a dispute resolution procedure brought before a consumer arbitration board.
Online dispute resolution
The European Commission offers an Online Dispute Resolution (ODS) platform for consumers, which is accessible via
the external link www.ec.europa.eu/consumers/odr.
Our email address: email@example.com
Place of jurisdiction and place of performance is Aachen, Germany.