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OPEN HOUSE 2023 – THE BIGGEST MOTORCYCLE EVENT IN THE MIDDLE OF GERMANY
02. – 04.06. IN RAUSCHENBERG, BE A PART OF IT!

General Terms and Conditions

Condition for redeeming the 10 Euro store voucher

Minimum order value 50 Euro.Please note the validity period stated on the voucher. Redemption
including by end consumers. The voucher cannot be paid out in cash. Per order and
household only one voucher can be redeemed.

Note according to battery law

In connection with the sale of batteries and rechargeable batteries, we are obliged as a retailer under the Battery Ordinance to inform our customers of the following:

Sie sind gesetzlich verpflichtet, alte Batterien und Akkus nach Gebrauch zurückzugeben. As an end user, you can also return used batteries and rechargeable batteries from our range free of charge to our sales outlet or our dispatch warehouse or send them back to us. You can also return old rechargeable and non-rechargeable batteries to a municipal collection point or to your local retailer.
Batteries and rechargeable batteries are marked with the symbol of a crossed-out dustbin and the chemical symbol of the pollutant they contain. Batteries containing more than 0.0005% by mass of mercury, more than 0.002% by mass of cadmium or more than 0.004% by mass of lead are marked with the chemical symbols of the metals (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury).

§ 1 General
  1. The following General Terms and Conditions apply to the business relationship between SW-MOTECH and the customer when a contract is concluded via our online store.
  2. By placing an order, the customer recognizes these General Terms and Conditions and the customer, who is not a consumer, also recognizes the validity of ourGeneral Terms and Conditions of Sale (GTCS)for the respective contract as binding for him.
  3. SW-MOTECH reserves the right to change these conditions without prior notice with effect for the future.
  4. To place an order via our online store, the customer must be at least 18 years old and have a valid e-mail address.
§ 2 Presentation of products, delivery and availability of goods
  1. SW-MOTECH reserves the right to change the products presented on our website, to replace them with others or to remove them completely.
  2. The expected delivery times can be found in the information on the respective products. The stated delivery times do not constitute a binding assurance that specific delivery dates will be met. If a delivery is delayed, the customer will be informed immediately by e-mail or we will make a partial delivery.
  3. If no copies of the product selected by the customer are available at the time of the customer's order, SW-MOTECH shall inform the customer of this immediately by e-mail.
  4. The goods are delivered by post. Delivery periods and delivery dates are specified in the order process.
§ 3 Conclusion of contract and storage of the contract text
  1. The products presented on the SW-MOTECH website represent a non-binding invitation to our customers to submit their own purchase offer. We are not obliged to accept the offer. If a product is not available when the order is placed, we will inform the customer accordingly.
  2. Confirmation of receipt of an order does not constitute acceptance of the offer. This only takes place with our express declaration of acceptance by e-mail in the form of an order confirmation or by delivery of the goods.
  3. Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name. By clicking on the "Add to shopping cart" button Add to shopping cart button you can add the item to your shopping cart. You can view the contents of the shopping cart at any time by clicking on the "Expand shopping cart" buttons on the right-hand side Fold out shopping cart or "to shopping cartZum Warenkorb without obligation. You can delete the products by clicking on the "Delete" graphics deleteremove them from the shopping cart or change them. If you want to buy the products in your shopping cart, click on the "Next step" button on the "Your shopping cart" page next step. Alternatively, you can click on the complete the purchase using the "Amazon Payments" payment method.

    The online ordering process comprises three further steps, during which you can optionally set up a customer account, enter your address details, select the payment and shipping method and accept our General Terms and Conditions. In step 4, you will once again receive an overview of your order data and can check, delete or change all details. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting from the beginning.
    To complete the purchase click on the button . By doing so, you send the order to us and submit a binding purchase offer. Confirmation of receipt of the order is sent by an automated e-mail immediately after the order has been sent and does not yet constitute acceptance of the contract.
  4. For orders in our online store, the purchase contract is concluded with:

    SW-MOTECH GmbH & Co. KG
    Ernteweg 7-10
    35282 Rauschenberg

    Telefon: +49 (0) 64 25/81 68- 05 0
    Telefax: +49 (0) 64 25/81 68-10

    E-Mail: [email protected]

  5. We save your order and the order data entered. We will send you an order confirmation by e-mail and then an order confirmation with all the order details. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. If you have set up a customer account, you can also access the orders you have placed at any time.
  6. The contract languages are German and English.
§ 4 Cancellation policy
  • Right of withdrawal

    You have the right to withdraw from this contract within fourteen days without giving any reason.
    The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
    To exercise your right of withdrawal, you must send us (SW-MOTECH GmbH & Co. KG , Ernteweg 7-10, 35282 Rauschenberg, Tel.: +49 (0)64 25/81 68 050, Fax: +49 (0)64 25/81 68 10, E-Mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the enclosed Sample withdrawal form which, however, is not mandatory.
    To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

  • Consequences of revocation

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

    You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

§ 5 Prices
  1. The prices quoted in our online store are in euros and include statutory VAT. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. SW-MOTECH alone shall select the carrier.
  2. For deliveries to non-EU countries, additional costs may be incurred on import (customs duties, customs fees and import sales tax). These costs are to be borne by the buyer. You can find further information at
    http://ec .europa.eu/taxation_customs/taxation/gen_info/index_en.htm
    and import sales tax at
    http://auskunft.ezt-online.de/ezto/Welcome.do
    and especially for Switzerland at
    http://xtares.admin.ch/ tares/login/loginFormFiller.do
§ 6 Retention of title

The delivered goods remain the property of SW-MOTECH until payment of the full purchase price and payment of any other outstanding claims of SW-MOTECH against the customer.

If the customer is not a consumer, the provisions on retention of title in § 6 of our GTC shall also apply.
Further details on retention of title; offsetting; right of retention in the case of purchase on account can be found in § 10.

§ 7 Warranty

SW-MOTECH's liability for defects vis-à-vis consumers shall be governed by the statutory provisions. The warranty rights of a consumer when purchasing a used item expire one year after delivery, with the exception of claims for damages of the consumer arising from injury to life, body or health, if SW-MOTECH is responsible for the breach of duty, and liability for other damages based on an intentional or grossly negligent breach of duty by SW-MOTECH, its legal representative or its vicarious agent. If the customer is not a consumer, our GTCS shall apply exclusively to liability for defects.

§ 8 Customer service

If you have any questions, complaints or claims, please contact us. You can reach our customer service

  1. within the motorcycle season from April to August:
    Monday - Thursday from 8:00 am to 6:00 pm
    Friday from 8:00 am to 4:30 pm
  2. outside the motorcycle season from September to March:
    Monday to Thursday from 8:00 a.m. to 5:00 p.m.
    Friday from 8:00 am to 4:00 pm

under the telephone number +49 (0) 64 25/81 68-05 0 and by e-mail at[email protected].

§ 9 Delivery to other countries and resale
  1. We deliver exclusively to end customers from countries that are members of the EU. Furthermore, we have distributors in more than 65 countries who serve as local contacts and offer our products. You can find a list of our distributors under the following link: Distributors.
  2. The active resale of our products by the purchaser in countries outside the Federal Republic of Germany requires our prior, express and written consent. In the event of active resale without our consent, the purchaser shall indemnify us against any claims, in particular for reasons of product liability or patent protection.
§ 10 Payment

SW-MOTECH shall be responsible for selecting the payment methods available in each case. In particular, SW-MOTECH reserves the right to offer the customer only selected payment methods for payment.

Cash on delivery
You pay the purchase price directly to the deliverer. There is an additional charge of 7.0 euros.

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

SEPA Direct Debit Scheme
By placing your order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account will be debited before the goods are dispatched.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process. PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out within one banking day of placing the order. A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. You will receive further information during the ordering process.

On Account
In the case of purchase on account, the claim is assigned to Novalnet AG Zahlungsinstitut (ZAG), Feringstr. 4, 85774 Unterföhring. As a technical service provider and service provider Novalnet AG Zahlungsinstitut (ZAG), Feringstr. 4, 85774 Unterföhring, Germany, acts as our technical service provider and service provider for checking your creditworthiness when purchasing on account. The total invoice amount must be paid within 14 days of receipt of the the goods to the account specified on the invoice. Please note the terms and conditions for purchase on account.

Additional General Terms and Conditions (GTC) for purchase on account of SW-MOTECH GmbH & Co. KG

 

General information

  1. We offer the payment method "purchase on account" for our customers. This involves an assignment of receivables to Novalnet AG Zahlungsinstitut (ZAG), Feringstr. 4, 85774 Unterföhring, Germany (hereinafter referred to as "payment service provider").
  2. Purchase on account is only available to consumers aged 18 and over.
  3. The purchase contract for the goods is concluded exclusively between the customer and SW-MOTECH GmbH & Co. KG. The execution of the purchase contract is also determined by the agreements that the customer makes with SW-MOTECH GmbH & Co. KG. In particular, SW-MOTECH GmbH & Co. KG responsible for general customer inquiries (e.g. about goods, delivery time, dispatch), returns, complaints, warranty claims, any contract withdrawals and credit notes. If the customer opts for purchase on account, these terms and conditions apply in addition to those agreements and the GTC that you have concluded with us SW-MOTECH GmbH & Co. KG within the framework of the purchase contract.
  4. SW-MOTECH GmbH & Co. KG will assign the claim for payment of the purchase price against the customer to the payment service provider in order to process a purchase on account. You are hereby hereby informed of this assignment of claims. In order to discharge the debt, all payments must be made exclusively to the account specified to the customer for this purpose in the invoice. The goods shall remain the property of the payment service provider until payment has been made in full.
  5. Novalnet AG Zahlungsinstitut (ZAG), Feringstr. 4, 85774 Unterföhring, Germany, acts for us as a technical service provider and service provider for checking your creditworthiness when purchasing on account.

Payment modalities

  1. If the customer withdraws from the purchase contract on the basis of a special agreement with SW-MOTECH GmbH & Co. KG or due to statutory provisions, withdraws from the purchase contract, returns the goods, price reduction or has other reasons for not having to make payment in whole or in part, the payment service provider shall in this case return the claim against the customer to SW-MOTECH GmbH & Co. the customer back to SW-MOTECH GmbH & Co. KG again. With SW-MOTECH GmbH & Co. KG must then reach a final agreement on the payment or reverse the transaction.
  2. Should any provision of these additional GTC be invalid, this shall not affect the validity of the other provisions of these GTC.
§ 11 Data protection and storage of the contract text

The buyer is hereby informed that personal data will be collected, stored and used and transmitted within the legally permissible framework. Further information can be found in our privacy policy, which is available on our website.

§ 12 Dispute resolution procedure

Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can access athttp://ec.europa.eu/consumers/odr/ find. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.