General terms and conditions

§ 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

1. Our online offerings represent a non-binding offer for you to purchase goods.
2. You can place one or more items in your shopping basket. You will be entering your personal information and decide on your preferred payment method, delivery modalities, etc. as part of the order process. You will be submitting a binding offer to purchase by clicking the order submission button. You can alternatively submit a binding order by phone or fax. The receipt confirmation you will automatically receive by email or fax does not constitute an acceptance of your offer to purchase.
3. We have the right to accept your offer of purchase within 2-7 business days by sending you an order confirmation via email. Should this period named in the above sentence elapse without a reply, then your offer of purchase was rejected, which means you are no longer bound by your offer. In case of an order submitted by phone, a purchase contract comes into force if we accept your offer immediately. Should the offer of purchase not be accepted immediately, then you are no longer bound by your offer.
4. The depiction of the products in the online shop do not constitute a legally binding offer, but instead a non-committal prompt to place an order. The offers and prices depicted in the online shop, brochures and other marketing material are therefore non-binding and subject to change without notice.

§ 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

1. Warranty rights
    Statutory warranty rights are provided for our products.
2. Statute of limitation
    The statute of limitation regarding claims for product faults is one year from the time of transfer of ownership of the sold goods to you. Exempt from this regulation are claims for damages, claims for faults we have fraudulently concealed and claims from a warranty we have assumed with regards to the quality of the goods. Statutory statutes of limitation apply for these exempted claims.

§ 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 14 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.

Please note that you will be billed €3.90 shipping costs for a return of all products.

§ 10 Cancellation policy

(1) Cancellation right

You have the right to cancel this contract within 14 days without stating a reason.

The cancellation period is fourteen 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, kontakt@fc-moto.de, +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.

§ 10 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: kontakt@fc-moto.de
 

Place of jurisdiction and place of performance is Aachen, Germany.