General Terms and Conditions for purchasing from the online-shop at www.sw-motech.com.
§ 1 General, area of application of the GTC
1.1 All sales, deliveries and services of SW-MOTECH are based solely on the following General Terms and Conditions adhering to the version current and valid at the time of order. Unless expressly agreed in writing, any diverging terms and conditions shall not be applicable.
1.2 Customers within the meaning of the present terms shall be both consumers as well as businessmen. In the context of the Terms and Conditions of Business, Contractors are natural entities, concluding contracts for a purpose other than commercial or in pursuit of their professional activities. In the context of the Terms and Conditions of Business, Contractors are natural or legal entities or legal private companies acting in the execution of their commercial or independent professional activities at the time of contract conclusion with SW-MOTECH.
§ 2 Contract conclusion, realization of the contract
2.1 The offer in our online-shop constitutes a binding offer to you for the conclusion of a contract with us. You can accept this offer by placing an order. The contract is concluded by sending your order to us.
2.2 Once you have found the product you want, you can view it with no obligation to purchase by clicking on the product name. You can add the item to your shopping cart by clicking on the into shopping cart 
button. You can change the contents of the shopping cart at any time by clicking on the open shopping cart 
button or view the items with no obligation change/to check-out 
. You can remove the products from the shopping cart or change them by clicking on the delete 
icons. If you want to purchase the products in the shopping cart, please click on the button proceed to step 2
on the “Shopping cart” page.
The subsequent online ordering process comprises four additional steps, in which you have a choice of creating a customer account, entering your address information, choosing the payment and shipping method, and accepting our General Terms and Conditions. In the last step 5, you will again be provided with an overview of your order data and can check all information once more and delete or change them. You may also correct errors in your entries by using the back button in your browser or by cancelling the order process and starting anew. To complete your purchase, please send the order to us. We will then send you a confirmation for the order via e-mail .
2.3 By ordering from our online-shop, the contract is concluded with:
SW-MOTECH GmbH & Co. KG
Ernteweg 8/10
35282 Rauschenberg
Phone: +49 (0) 64 25/81 68-05 0
Fax: +49 (0) 64 25/81 68-10
e-Mail: info@sw-motech.eu
§ 3 Storage of the contract text
We will save your order and the entered order information. We will send you an e-mail confirming the order and subsequently an order confimation with all order details. You also have the option to print out the order as well as the General Terms and Conditions before you send the order to us. If you have created a customer account, you will have access to your order at any time.
§ 4 Cancellation policy
Right of revocation
You may cancel the contract within one month without giving reasons in written form (e. g. letter, fax, e-mail) or – if you received the goods before the expiry date – by returning the item(s). The period begins upon receipt of this notification in writing, however, not before receipt of the goods at the receiver (in the recurring supply of similar goods, before receipt of the first partial delivery), and also not prior to our meeting our information requirements pursuant to § 312c Para. 2 Civil Code, in conjunction with § 1, Para. 2 and 4 BGB-InfoV, as well as our obligations according to § 312e, Para. 1, Sentence 1 Civil Code, in conjunction with § 3 BGB-InfoV. A timely dispatch of the cancellation or return of the goods is sufficient for compliance with the revocation term. Notification of revocation should be addressed to:
SW-MOTECH GmbH & Co. KG
Ernteweg 8/10
35282 Rauschenberg
Fax: +49 (0)64 25/81 68 10
e-Mail: storno@sw-motech.eu.
Consequences of revocation
In the case of a valid cancellation, mutually received services and, if necessary, drawn benefits (e.g. interest) are to be returned . Should you be unable to return the goods in full or in part, or only in a deteriorated condition, then you will be obligated to value replacement, if necessary. You shall not have to bear the loss of value of the merchandise arising from proper use of the item(s). Goods capable of being sent by parcel post are to be returned to us at our risk. You shall bear the regular costs of reshipment, if the delivered goods comply with the ordered goods, and if the price of reshipment does not exceed the amount of 40 Euro or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. Otherwise, the return will be free of charge for you. Goods not capable of being sent by parcel post will be picked up from your address. Requests for re-compensation of payments must be met within 30 days. The period begins with the transmission of your statement or return of the goods, and for us following its/their receipt.
Conclusion of the revocation policy
The right of revocation is not applicable if you are an entrepreneur under § 14 German Civil Code (BGB) and are engaged in according commercial or freelance business activities at the time of the contract's conclusion.
§ 5 Cost assumption agreement
In the event that you make use of the legal right of revocation according to § 4, you shall bear the regular costs of reshipment, if the delivered goods comply with the ordered goods, and if the price of reshipment does not exceed the amount of 40 Euro or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. Otherwise, the return will be free of charge for you.
§ 6 Prices and shipping charges
All prices apply including the legal value added tax plus shipping charges. We deliver with German Parcel Service (DPD), Deutsche Post AG or another provider of our choice.
§ 7 Terms of delivery
7.1 We deliver worldwide.
7.2 The goods will be dispatched within 2 working days after receipt of payment, unless otherwise provided for in the offer.
7.3 Deliveries to non-European countries are subject to additional duties and fees. Please refer to
http://europa.eu.int/comm/taxation_customs/dds/cgi-bin/tarchap?Lang=DE
for further information, special information for Switzerland can be found here
http://xtares.admin.ch/tares/login/loginFormFiller.do.
7.4 We deliver only to end customers in countries, where we do not have a dealer who does the local business. You find a list of our distributors, if you follow this link:distributors
§ 8 Payment terms
8.1 Payment may be made by credit card, cash on delivery, PayPal, online transaction or direct debit. We reserve the right to exclude specific methods of payment. Purchase price becomes due immediately upon sending the order to SW-MOTECH.
8.2 As soon as delay of payment comes into effect, interest will be charged on the sales price at an interest rate of 5% plus the current base lending rate. We reserve the right to prove and assert a higher loss due to the default of payment.
§ 9 Warranty and liability
The warranty shall be in accordance with legal requirements.
§ 10 Customer service
Please feel free to contact us if you have any questions, complaints or claims. You can reach our customer service
- during the motorcycle season from March to September:
Monday through Thursday from 8:00 a.m. to 7:00 p.m.
Friday from 8:00 a.m. to 4:00 p.m. - outside the motorcycle season from October to February:
Monday through Friday from 8:00 a.m. to 5:00 p.m.
Friday through 08:00 a.m. to 4:30 p.m.
At the telephone number +49 (0) 64 25/81 68-05 0 as well as via e-mail to Info@sw-motech.eu.
§ 11 Privacy
11.1 Data collection: We collect data during the negotiation, conclusion, processing and rescinding a purchase agreement. We collect, save and process these data.
Your visit to our websites will be recorded. We will essentially register the IP address currently used by your PC, the date and time, type of browser and operating system of your PC as well as the sites you looked at. As a rule we are not able, nor do we intend, to relate the data to a specific person.
11.2 Data use and transfer: All personal data with which you provide us in connection with e.g. an order or via e-mail (e.g. your name, address or your e-mail address) will be used only for purposes of corresponding with you and will be processed for the purpose that you provided the data for. We will disclose this information only to shipping firms assigned with the delivery, insofar as this is necessary for the delivery of the goods. For the transaction of payments, we will pass your payment data to the credit institute instructed with the payment.
Apart from that, we declare that we will not pass your personal data to third parties, unless obligated by law or with your prior consent. Insofar as we use service providers for the execution and handling of work processes, the contractual relationships are regulated in accordance with the stipulations of the Federal Data Protection Act.
11.3 Consent and revocation: If you have provided us with personal data, you can request that we delete your data at any time. Data which is used for invoicing and bookkeeping purposes are not affected by a cancellation/revocation or a deletion.
11.4 Storage period: Personal data provided to us through our website are stored only until the purpose for which they were collected has been fulfilled. In the case of storage periods required under commercial or tax law, the storage period for specific data may be up to 10 years.
11.5 Customer account: If you create customer account, you thus consent to the storage of your stock data such as name, address, e-mail address and bank information as well as your user data (user name, password). This gives you the opportunity to order from us with your e-mail address or your customer number and your personal password.
11.6 Use of cookies: The use of our website is made possible with the employment of a cookie. The prerequisite for this is that you have activated cookies in your browser settings.
The cookie is used to store a randomly generated session code and your customer ID, if necessary. This allows us to recognise you as a registered customer.
We will additionally store, if available, an affiliate ID and the page from which you obtained access to our site.
The prerequisite for this is that you have activated cookies in your settings.
11.7 Google Analytics: This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google“). Google Analytics uses so-called "cookies", text files, which are stored on your computer and which enable analysis of your utilization of the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing further services relating to website use and Internet use. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will in no case associate your IP address with any other data held by Google. You may prevent the use of cookies by selecting the appropriate settings on your browser; however, we would like to point out that you will in this case not be able to make use of all the functions of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
11.8 Newsletter: When you subscribe to our newsletter, we will use your first name, surname, and your e-mail address with your consent for our own promotional purposes. The newsletter is mailed by us. The consent to receive the newsletter via e-mail can be cancelled at any time. Each edition of our newsletter contains a link to a page where you can cancel your consent.
11.9 Your rights, disclosure: Should you decide that you no longer agree to the storage of your personal data, or if the information is incorrect, we will have the items deleted or blocked at your request, or we will make the necessary corrections (as far as this is possible according to applicable law). Upon request, we will send you a list of all your personal data that we have stored, free of charge.
In the event of questions regarding the collection, processing or use of your personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, please contact Info@sw-motech.eu.
§ 12 Legal system, Place of jurisdiction
12.1 German law applies to the exclusion of CISG.
12.2 For customers concluding the contract for reasons other than commercial or in pursuit of their professional activities (consumer), this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in.
12.3 For all disputes from the contractual relation, if the orderer is a merchant, a legal entity of the public right or a federal special fund under public law, the place of jurisdiction shall be the registered office of SW-MOTECH.
§ 13 Miscellaneous
13.1 The contract languages shall be German and English.
13.2 If one or more regulations of these General Terms and Conditions should be ineffective, then this shall not affect the validity of the remaining contract regulations. The content of this contract shall be governed by statutory provisions, insofar as the regulations are not invalid.
Version of January 2010
