General Historybusiness conditions
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1. PURCHASE ON TRIAL IN THE ONLINE SHOP
At the La Chopperia Customshop you buy in the online shop on a trial basis, ie you can return delivered goods within 14 days without giving a reason. The purchase contract/credit purchase contract becomes binding upon receipt of the goods through your approval, but at the latest after the expiry of this 14-day return period.
2. CANCELLATION POLICY
Right of withdrawal
right of withdrawal
You can revoke your contractual declaration within two weeks in text form (e.g. letter, fax, e-mail) without giving reasons, or - if the goods are made available to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before the goods have been received by the recipient and not before we have fulfilled our information obligations in accordance with § 312 c Para. 2 BGB in conjunction with § 1 Para. 1, 2 and 4 BGB-InfoV and § 312 e para. 1 sentence 1 BGB in connection with § 3 BGB-InfoV and not before the purchase contract has become binding for you through your approval of the purchased item. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline. The cancellation or the return of the goods should be sent to:
La Chopperia Custom Shop
Lucy Heid
Im Wolfswinkel 13
79110 Freiburg
Goods that can be sent as a parcel can also be returned by handing them over to the post office.
Consequences of revocation
In the event of an effective revocation, the mutually received services are to be returned and any benefits (e.g. benefits of use) surrendered. If you are unable to return the received goods in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if they were your property and refraining from anything that would impair their value.
Goods that can be shipped by parcel are to be returned at our risk. You have to bear the costs of the return if the delivered item corresponds to the ordered item and if the price of the item to be returned does not exceed an amount of EUR 40. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of revocation
3. DELIVERY
Orders and deliveries are generally possible worldwide.
4. WARRANTY
If delivered items have obvious material or manufacturing defects, including transport damage, please report such defects to us immediately at info@lachopperia.com or in writing to the address:
La Chopperia Custom Shop
Lucy Heid
Im Wolfswinkel 13
79110 Freiburg
However, failure to report this has no consequences for your legal claims. For all defects in the purchased item that occur during the statutory warranty period, the statutory claims for supplementary performance, for defect elimination/new delivery and - if the statutory requirements are met - apply at your discretion.
5. NON-DELIVERY ITEMS
If a specific item is not available, we will automatically cancel it and you will be informed as soon as possible that it is no longer available.
6. PRIZE VALIDITY
The prices stated on www.lachopperia.com are in euros (including statutory VAT) and remain valid until December 31, 2019.
7. SHIPPING COSTS PER ORDER
Shipping costs per order and delivery address within Germany, regardless of the order value and unless otherwise specified for the item: free of charge.
Shipping costs per order and delivery address within the European Union, regardless of the order value: 14.90 euros. All other countries on request.
8. PAYMENT
The items are always delivered either in advance (by bank transfer or by credit card debit) or PayPal. There is no possibility of discount deduction.
In individual cases, we reserve the right to deliver the goods only after a deposit has been paid. We will inform the customer of this in good time in advance and coordinate with him.
9. RESERVATION OF TITLE
The goods remain our property until full payment has been made.
10. DISCLAIMER FOR THIRD-PARTY LINKS
The La Chopperia Customshop provides links to other sites on the Internet on its website. The following applies to all these links: La Chopperia Customshop expressly declares that it has no influence whatsoever on the design and content of the linked pages. We therefore hereby expressly distance ourselves from all content on all linked third-party sites on www.lachopperia.com and do not adopt this content as our own. This declaration applies to all links displayed and to all content of the pages to which links lead.
11. IMAGE RIGHTS
All image rights belong to La Chopperia Customshop or its partners. Use without express permission is prohibited.
12. STORAGE OF THE TEXT OF THE AGREEMENT
The text of the contract is not stored by us and can no longer be called up after the order process has been completed. However, you can print out your order data immediately after sending the order.
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GENERAL CONDITIONS OF SALE AND DELIVERY
La Chopperia Custom Shop
Lucy Heid
Im Wolfswinkel 13
79110 Freiburg from 02.03.2019
1. General:
1.1 . These General Terms and Conditions of Sale and Delivery (AVB) apply to all our business relationships with our customers (hereinafter: PURCHASER).
1.2 . The current version of the AVB also applies as a framework agreement for future contracts for the sale and/or delivery of two-wheelers or parts with the same BUYER, without us having to refer to them again in each individual case.
1.3 . Our AVB apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the BUYER only become part of the contract if and to the extent that we have expressly agreed to their validity.
1.4 . Individual agreements made with the BUYER in individual cases (including ancillary agreements, additions and changes) always take precedence over these AVB. A written contract or our written confirmation is decisive for the content of such agreements.
1.5 . Legally relevant declarations and notifications that are to be submitted to us by the BUYER after the conclusion of the contract (such as setting deadlines, notifications of defects, declaration of withdrawal or reduction) must be in writing to be effective.
2 . Delivery period and delay in delivery.
2.1 . Delivery dates and delivery periods, which can be agreed as binding or non-binding, must be stated in writing. A binding delivery period is expressly agreed individually in writing or specified by us when accepting the order. If this is not the case, all delivery times are non-binding.
2.2 . If we are unable to meet binding or non-binding delivery deadlines for reasons for which we are not responsible (e.g. unavailability of the service or non-delivery by the manufacturer), we will inform the BUYER of this immediately and at the same time inform the expected new delivery deadline. If the service is also not available within the new delivery period or if the delay in a binding or non-binding delivery period for which we are not responsible is 4 weeks or more, we are entitled to withdraw from the contract in whole or in part; any consideration already provided by the BUYER will be reimbursed. A case of non-availability of the service in this sense is in particular the failure of the manufacturer/importer to supply itself in good time.
2.3 . The occurrence of our delay in delivery is determined by the statutory provisions. In any case, however, a written reminder by the BUYER is required.
2.4 . The manufacturer reserves the right to make design or shape changes, deviations in color and changes to the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for the BUYER, taking our interests into account. If signs or numbers are used to designate the order or the ordered goods, no rights can be derived from them alone.
3 . Delivery, transfer of risk, acceptance, default of acceptance
3.1 . Delivery is ex warehouse, which is also the place of performance. At the request and expense of the BUYER, the goods will be shipped to another destination (sales by mail). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging).
3.2 . The BUYER is obliged to accept the goods within 2 weeks of receipt of the notice of readiness, unless other delivery dates have been agreed in writing. If a binding or non-binding delivery date is agreed, the BUYER is in default on the following day.
3.3 . The risk of accidental loss and accidental deterioration of the goods is transferred to the BUYER at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the BUYER is in default of acceptance.
3.4 . If the BUYER is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the BUYER is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs). The compensation amounts to 15% of the purchase price, unless we can prove higher damage or the BUYER can prove lower damage. If the BUYER is in arrears with acceptance more than 2 weeks after a written request for collection, we have the right to withdraw from the contract in addition to claims for damages.
4 . Prices and terms of payment
4.1 . Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply, ex warehouse plus statutory sales tax.
4.2 . In the case of mail-order sales (Section 3.1), the BUYER shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the BUYER. If we do not invoice the transport costs actually incurred in the individual case, a flat rate for transport costs (excluding transport insurance) in the amount of 50.00 EUR is agreed. The BUYER shall bear any customs duties, fees, taxes and other public charges. We do not take back transport packaging or any other packaging in accordance with the packaging ordinance, it becomes the property of the BUYER.
4.3 . Price increases are possible if there are more than 4 months between the date of order and delivery and the manufacturer changes the list price.
4.4 . The BUYER must collect the goods within 2 weeks of the delivery date or notice of readiness. The purchase price is due at the latest upon delivery of the goods. We are entitled to request a down payment upon conclusion of the contract, depending on the type of goods.
4.5 . The BUYER is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed.
4.6 . Motorcycle invoices and down payment invoices for motorcycles with accessories can only be paid in cash or in advance by bank transfer. Payments by debit or credit card are not accepted.
5 . Reservation of title
5.1 . We reserve ownership of the goods sold until all current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full. If the BUYER is a merchant according to the law, the retention of title also applies to the sellers claims against the buyer from the current business relationship until settlement of claims to which we are entitled in connection with the purchase.
5.2 . The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The BUYER must inform us immediately in writing if and to the extent that third parties access the goods belonging to us.
5.3 . If the BUYER acts in breach of contract, in particular if the purchase price due is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the BUYER does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the BUYER a reasonable deadline for payment or setting a deadline of this kind is unnecessary under the statutory provisions. If we are entitled to compensation for damages in lieu of performance beyond the right of withdrawal and if the goods are returned, the normal sales value of the goods at the time of taking them back will be reimbursed.
5.4 . During the period of retention of title, we are entitled to the registration certificate (Part II) (vehicle registration document).
6 . Claims for defects by the BUYER
6.1 . The BUYER must report obvious defects (including incorrect and short deliveries) in writing within 2 weeks of delivery. If the BUYER fails to report the defect properly, our liability for the defect that has not been reported is excluded.
6.2 . If the delivered item is defective, the BUYER can initially choose to either remedy the defect (rectification) or delivery of a defect-free item (replacement delivery) as supplementary performance. If the BUYER does not declare which of the two rights he chooses, we can set him a reasonable period of time to do so. If the BUYER does not make the choice within the deadline, the right to choose passes to us upon expiry of the deadline.
6.3 . If the goods become inoperable due to a material defect, the BUYER must contact the service nearest to the location of the inoperable object of purchase and recognized by the manufacturer for the care of the goods.
6.4 . We are entitled to make the supplementary performance owed dependent on the BUYER paying the purchase price due. However, the BUYER is entitled to retain a part of the purchase price that is reasonable in relation to the defect.
6.5 . We shall bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs), if there is actually a defect. However, if the BUYERs request for rectification of defects turns out to be unjustified, we can demand that the BUYER be reimbursed for the costs incurred as a result.
6.6 . Claims by the BUYER for damages or reimbursement of futile expenses exist only in accordance with Section 7 and are otherwise excluded.
7 . manufacturer warranty
The manufacturers warranty conditions apply exclusively to the manufacturers warranty services that we have sold.
8th . Other liability
8.1 . We are liable for damages – for whatever legal reason – in the event of intent and gross negligence. In the case of simple negligence, we are only liable
8.1.1. for damage resulting from injury to life, limb or health
8.1.2 . for damages resulting from the breach of a material contractual obligation; in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
8.2 . The limitations of liability resulting from Section 8.1 do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to BUYER claims under the Product Liability Act.
8.3 . Due to a breach of duty that does not consist of a defect, the BUYER can only withdraw or terminate if we are responsible for the breach of duty. Otherwise, the statutory requirements and legal consequences apply.
9 . statute of limitations
The general limitation period for claims arising from defects in quality and title is 2 years from delivery. Deviating from this, a limitation period of one year applies to used goods and if the BUYER acts as a merchant according to the law. If acceptance has been agreed, the limitation period begins with acceptance. The limitation of the product liability law remain unaffected in any case. Otherwise, claims for damages by the BUYER in accordance with section 7 are exclusively subject to the statutory limitation periods.
10 . Choice of law and place of jurisdiction
10.1 . The law of the Federal Republic of Germany applies to these AVB and all legal relationships between us and the BUYER to the exclusion of international law, in particular the UN Sales Convention (CISG).
10.2. If the BUYER is a merchant according to the law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Freiburg im Breisgau. However, we are also entitled to bring an action at the BUYERs general place of jurisdiction.
La Chopperia Custom Shop
Lucy Heid
Im Wolfswinkel 13
79110 Freiburg
Freiburg, March 2nd, 2019
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